1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7418 OF 2009 _______________________________________________________________ Office Notes, Office } Memoranda of Coram, } Court's or Judge's orders appearances, Court's } orders or directions } and Registrar's orders } ___________________________}___________________________________ Mr. V.B.Patil, Advocate for Petitioners. ........................... [ CORAM : B.R.GAVAI, J. ] DATE : 12/11/2009. PER COURT : 1. By way of present Writ Petition, the petitioner challenges the Order dated 18/8/2009, vide which an application filed by the respondent herein for setting aside abatement, for condonation of delay and permitting him to be brought on record as heir of the appellant, has been allowed. 2. Mr. V.B.Patil,learned counsel for the petitioners submits that the said application has been allowed on the basis of narration of incorrect facts. 3. The power of condonation 2 of delay and setting aside abatement is within the jurisdiction of the learned appellate Court. Unless the jurisdiction is found to be exercised non judiciously, it can not be said that there is perversity. No perversity is noticed. In that view of the matter, interference does not warrant under extra ordinary jurisdiction of this Court under Article 227 of the Constitution of India. 4. The learned appellate Court has given sound and cogent reasons in support of the order. In that view of the matter, no interference is warranted. Hence, rejected. [ B.R.GAVAI ] JUDGE knp/WP7418.09