1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CAS/1656/2006 in SA. NO. 812 OF 2005 SHAMSHER ABDUL RAHIMAN BHILAWADE ... Applicant V/S HIBJABI BABASAHEB BHILAWADE & Ors ... Respondents SHRI. S.D.DHARMADHIKARI FOR applicant. SHRI S. A. Joshi with Mr. S.M. OAK FOR Respondent .NO. 2. SHRI MANOJ S. CHATGE FOR respondent Nos.1 TO 9,11 TO 15, 16/1,17/2(1) TO 17/2(4), 7/3 TO 17/7 AND 18 CORAM: D. G. KARNIK J. DATE: 7th November 2006 P.C.: 1. Heard learned counsel for the parties. 2. This civil application is made for condonation of delay of about 30 days in making the application and for setting aside the abatement. It is averred in the application that the appellant was not aware of the death till the receipt of the bailiff 's report. No affidavit in reply hs been filed denying these averments. In the circumstances for the reasons stated 2 in the Civil application, the delay is condoned and the abatement is set aside. 3. Applicant to carry out the amendment within a period of two weeks. (D.G. KARNIK J.)