THE HON’BLE SRI JUSTICE R. KANTHA RAO ASMP No.519 of 2009 & AS No.2647 of 1999 JUDGMENT: This Miscellaneous Petition is filed by the appellants/defendants to condone the delay of 2789 days in seeking to set aside the abatement caused due to the death of the deceased-sole respondent in the appeal. The petition is vehemently opposed by the learned counsel appearing for the respondent-plaintiff by filing a detailed counter contending that no sufficient cause has been shown in explaining the delay and there are absolutely no valid reasons to condone the delay. I have heard both the counsel. It is mentioned in the affidavit filed by the petitioner that the sole respondent died on 21.2.2001 leaving behind him as many as six legal representatives and they could not be brought on record within three weeks’ time stipulated by this Court on 20.1.2009 and soon after the receipt of the communication, the petitioner verified the records, having found that the particulars of the legal representatives are not available in the records. He proceeded to the village and conducted a detailed enquiry with the villagers and the family members of the sole respondent herein and ultimately, came to know that the sole respondent expired on 21.2.2001 leaving behind him six other Legal Representatives, who are now sought to be brought on record. It is also further stated in the affidavit that the petitioner sent the particulars of the Legal Representatives to the office of the Government Pleader in the High Court of A.P., Hyderabad and the Government Pleader drafted the L.R Affidavit and sent it for his signatures and therefore, he sent the fair affidavit to the office of the Government Pleader on 7.3.2009. Therefore, in the above circumstances, the delay of 2789 days has been caused in filing the petition to set aside the abatement order. Even from a bare perusal of the averments of the affidavit filed by the petitioner, which clearly indicate that not only the delay of 2789 days has not been properly explained but the reasons assigned by the petitioner in seeking to condone such a long delay are quite unconvincing and unacceptable. There is absolutely no basis for such a long delay in taking steps to bring the legal representatives of the deceased-sole respondent. Therefore, in view of the fact that sufficient cause has not been shown in explaining the delay, the petition is dismissed and consequently, the appeal is also dismissed as abated without out any order as to costs. ________________________ JUSTICE R. KANTHA RAO Date:2.02.2010 mrb