1` IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Civil Application (W) No. 977/2011 in W.P.No. 3586/1998 Balkrishna Keshav Madavi vs. Additional Commissioner, Nagpur Division, Nagpur and others. ----------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. Mr. S.K.Soni, Adv. For the petitioner. Mr. A.D.Sonak, AGP for respondent no.1 CORAM : R.M.SAVANT, J DATE : 04.08.2011 By the above civil application, the applicant/ petitioner seeks condonation of delay of 829 days in filing the application for restoration. The reasons therefor are mentioned in the additional affidavit bearing stamp no. 7446/11. The reasons can be called out from paragraphs 5, 6 and 7 of the said affidavit. None appears for the respondent nos. 2 (a) to 2(f) though served. The learned AGP submits to the orders of the Court. In my view, considering the reasons mentioned in the additional affidavit, the same commend acceptance. Civil application is accordingly allowed. Resultantly, the delay of 829 days in filing restoration application stands condoned. The applicant to pay costs of Rs. 1000/- to be deposited with the Maharashtra Legal Services Authority, Nagpur. 2` Civil Application is accordingly disposed of. Civil Application (O) No. 978/2011 in W.P.No. 3586/ 1998 (Balkrishna Keshav Madavi vs. Additional Commissioner, Nagpur Division, Nagpur and others): By the above civil application, the applicant / petitioner seeks setting aside the abatement, qua the petitioner and for bringing legal representatives of petitioner as mentioned in paragraph no.1 of the civil application. By an order passed today in Civil application No. 977/11 delay in filing the application has already been condoned. Resultantly, the above civil application requires to be allowed and is accordingly allowed. Resultantly, the abatement is set aside and the writ petition is restored to file. The civil application is accordingly disposed of. Civil Application (W) No. 979/2011 in W.P.No. 3586/1998 (Balkrishna Keshav Madavi vs. Additional Commissioner, Nagpur Division, Nagpur and others). By the above civil application, the heirs of the original petitioner seek to bring themselves on record in place of the petitioner who has expired. By orders passed today in C.A.Nos. 977/11 and 978/11 filed for condonation of delay and for setting aside abatement, have already been allowed. The above civil application 3` is, therefore, required to be allowed and is accordingly allowed. Resultantly, the heirs as mentioned in paragraph no. 1 of the civil application are brought on record. The learned counsel for the applicant to carry out the amendments in the cause title within a period of two weeks from date. The learned counsel for the applicant to serve notice on respondents 2(a) to 2(f) indicating that the above petition has been restored and that it is kept for final hearing in the week commencing from 21st November, 2011 and file affidavit of service. JUDGE patle 4`