1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 5162 OF 2010 WITH CIVIL APPLICATION NO. 5163 OF 2010 IN SECOND APPEAL NO. 196 OF 1995 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : P.R. BORKAR,J. DATED : 12.07.2010 1. Heard Adv. Mrs. A.N. Ansari for the applicants and Adv. Shri S.V. Natu for proposed legal representatives of respondent No.1. These are applications for condonation of delay in setting aside abatment and bringing legal representatives of respondent No. 1 on record. The delay is of 213 days. It is stated in the application that after intimation on 05.10.2009, it was noted by the appellant on 15.10.2009. Thereafter, the legal representatives were served. The applicant was residing at Parbhani, therefore, he was not aware of death of respondent No.1 and after the information some time was consumed. 2 2. On the other hand, the learned advocate for legal representatives of respondent No.1 stated that the legal representatives were residing adjacent to the house of the appellant. But it is stated that one of the legal representatives was married and she resides at Aurangabad. 3. Considering the reasons given, in my opinion, the applications can be allowed on some costs. So, these applications are allowed; delay condoned; abatment set aside. The legal representatives of respondent No. 1 be brought on record. 4. The applicants to pay costs of Rs. 750/- (Rupees Seven Hundred Fifty Only) to the respondents, as costs of these applications. 5. The Civil Applications accordingly are disposed of. [P.R. BORKAR, J.] snk/2010/JUL10/ca5162.10