1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Civil Application No.7965 of 2005 In CA St.No. 11246/2005 In W.P.No.4844 of 1999. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. This is an application for substitution of the legal representatives of the deceased Respondent No.1. 2. The petitioner further seeks condonation of delay and prays for setting aside the abatement. There is delay of two (2) years and 16 days in filing of the application for substitution of the L.Rs. What appears from the record is that the Respondent No.1 died on 11.3.2003. The death was not reported by the advocate of the Respondent No.1 in the present matter and, therefore, it was not within the knowledge of the petitioner. It is stated that in another sister petition, the Respondent No.1 was the petitioner and in that case an application was moved to bring the L.Rs. on record. A copy of the said application was served on the petitioner's advocate. Thereafter the present application was moved. It is stated that the copy of said application was served on the petitioner's advocate on 6.6.2005 and thereafter the present application was filed on 24.6.2005. Obviously, the delay is unintentional. The delay seems to have been caused due to lack of knowledge about the death of Respondent No.1. Under the circumstances, I accept the explanation given by the petitioner for the delay. 3. In the result, the delay is condoned. The abatement is set aside. The application is allowed and L.Rs. of the Respondent No.1 are permitted to be substituted in his place. (V.R.KINGAONKAR,J.) Dt.05.01.2010. asp/office/Ca7965.05