 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR C. A. Nos. 7851/2008 with 9181/2008 in W. P.No. 6020/2006 Smt. Imtiyaz Begum Ahmad Ali ..vs.. Hayatkhan Mahmudkhan Pathan (dead) through legal heirs -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- Mr. D. N. Kukday, Advocate for petitioner. Mr. V.M. Deshpande, Advocate for respondents. CORAM: J. H. BHATIA, J. DATED : 21 st MARCH, 2009 1. Heard learned counsel for the parties. Read personal affidavit of Mr. D. N.Kukday, Advocate for the petitioner. 2. It appears that the sole petitioner, who is original landlady, had died on 28.03.2007 and initially Civil Application No. 3095/2007 was filed for bringing her legal representatives on record. However, according to the learned counsel for petitioner, that application was withdrawn with permission of the Court on 29.04.2008 because that application was not in proper form. According to him, thereafter, the file was misplaced from his office and the legal representatives of the deceased petitioner could not be informed about the order dated 29.04.2008. Thereafter, on 4.10.2008, Civil Application No. 7851/2008 was filed for brining legal representatives on record but as it was filed after long delay and after abatement of the petition, learned  counsel for the petitioner filed Civil Application No.9181/2008 on 01.12.2008 for setting aside the order of abatement and to condone the delay in filing application for brining legal representatives on record. 3. Learned counsel for the respondents has strong objection to allow these applications. 4. On perusal of contents of the applications and particularly affidavit of Mr. D. N. Kukday, Advocate, I am satisfied that there was no fault on the part of legal representatives of the deceased petitioner. However, due to certain circumstances explained in the affidavit of Mr.Kukday, Advocate I am convinced that this is a fit case to condone the delay, to set aside the abatement and to allow legal representatives to be brought on record. If such order is not passed, it may cause great injustice to the legal representatives of the petitioner. 5. For the aforesaid reasons, the applications are allowed. Delay is condoned. Abatement is set aside and application to bring legal representatives on record is also allowed. Legal representatives of the petitioner be brought on record within one week. Applications stand disposed of. JUDGE kahale