1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Civil Application No.544 of 2010 In W.P.No.3132 of 1991. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. Heard counsel. 2. The application is for condonation of delay, substitution of the L.Rs., setting aside abatement and restoration. The sole petitioner died during pendency of the petition. There is no doubt delay of more than three and half years. The petitioner died on 19.10.2007. The contention of the applicants is that they were not knowing about pendency of the petition. They are members of tribal (Bhil) community. The deceased petitioner was looking after the litigation. They came to know about pendency of the petition only when letter dated 7.1.2010 was received from the lawyer regarding date of final hearing. It is well known that after the writ petition is admitted, ordinarily there is communication gap between the advocate and the client due to expectation of pendency for some considerable period of years. The explanation is accepted since the applicants are members of tribal community and are residing in remote area. Considering these aspects, and when there is no reply or contest, I deem it proper to allow the application. 3. Hence, the application is allowed. The delay is condoned. The legal representatives are directed to be taken on record by setting aside the abatement. C.A. allowed. (V.R.KINGAONKAR,J.) Dot.15.02.2010. asp/office/Ca544.10