1 15 caw 153.11.doc srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CIVIL APPLICATION NO. 153 OF 2011 IN WRIT PETITION NO.2177 OF 1998 Sangli, Miraj and Kupwad Sahar Municipal Corporation .. Applicant Vs. Shri Gajanan Ramchandra Gavandi deceased, L.Rs. Smt. Indubai & Ors. .. Respondents Mr. Devidas Keluskar i/b Mr. N.V. Walawalkar for applicant. Mr. Sagar Mane for respondents. CORAM: K.K.TATED, J. DATE: 24TH JUNE, 2011 P.C. 1. Heard the learned counsel for the parties. 2. This civil application is preferred by original petitioner for setting aside the conditional order dated 29th June, 2010, for condonation of 136 days delay in preferring the present civil application, for setting aside the abatement of Writ Petition, for condonation of 10 years, 1 month and 4 days delay for bringing 2 15 caw 153.11.doc Legal Representatives on record and for allowing them to bring Respondent no.1 to 3 on record as a legal heirs of deceased sole Respondent Gajanan Ramchandra Gavandi. 3. The learned counsel appearing on behalf of Applicant submits that they learnt about the death of Respondent when the above mentioned matter was on board before this court on 29th June, 2010. Thereafter, they immediately tried to find out the names and addresses of the legal heirs of deceased Respondent. He submits that the Applicant spent some time to find out the names of legal heirs of deceased Respondent, therefore, there is delay in preferring the present civil application. He submits that in the interest of justice this Hon ble Court be pleased to ’ condone the delay in preferring civil application for bringing legal heirs on record of deceased Respondent and recall the conditional order dated 29th June, 2010. He submits that if delay is not condoned there will be irreparable loss and injury would be caused to them. 4. On the other hand, learned counsel appearing on behalf of Respondent vehemently opposed the present civil application. He 3 15 caw 153.11.doc submits that the Applicant failed to point out any sufficient cause for delay of 10 years, 1 month and 4 days in preferring the present civil application for bringing legal heirs of sole Respondent. He further submits that this court (Coram: Smt. Nishita Mhatre, J.) by an order dated 29th June, 2010 granted four weeks time to the Applicant to take steps to bring legal heirs on record of deceased Respondent. The said order was conditional. In spite of that the Applicant failed to take appropriate steps within stipulated time, therefore, there is no substance in the present civil application and same to be dismissed with costs. 5. It is admitted fact that theres is a delay of more than 10 years for bringing legal heirs on record of sole Respondent. It is also an admitted fact that there is a delay in complying with the order dated 29th June, 2010. It is clear that the Applicant learnt about the death of Respondent when the above mentioned matter was on board on 29th June, 2010, and thereafter, Applicant took immediate steps to find out the names and addresses of the legal heirs of deceased Respondent. They filed present civil 4 15 caw 153.11.doc application on 2nd December, 2010. Considering these facts, sufficient cause shown by the Applicant for allowing the present civil application. 6. Considering the submissions made by the learned counsel for the Applicant and averments made in civil application, civil application is allowed in terms of prayer clause (a­1), a, b, c and d which read as under, subject to payment of costs of Rs.1,000/­ to the Respondents within two weeks from today. (a­1) “ to recall the order dated 29.06.2010 passed by this Court by condoning delay in filing this Application. a) to condone the delay of 136 days in filing this Civil Application for setting aside abatement of the above Writ Petition. b) to set aside abatement of Writ Petition and to restore it to file for disposal according to law. c) to condone the delay of ten years, one months and four days in filing this application for bringing on record heirs and legal representatives of the deceased Respondent on record of the Writ Petition. 5 15 caw 153.11.doc d) to allow the applicant to bring Respondents 1 to 3 on record of the above Writ Petition as heirs and legal representatives of deceased Original Respondent i.e. Gajanan Ramchandra Gavandi.” 7. Amendment be carried out within three weeks from today. 8. Civil Application is disposed of accordingly. (K.K. TATED, J.)