Shakuntla vs. Ish Kapoor CMP No.14993 of 2024 a/w CMP(M) No.1306 and 1307 of 2024 in CR No.77 of 2022 26.06.2025 Present: Ms. Shashi Kiran, Advocate, for the petitioner. Mr. J.L. Bhardwaj, Senior Advocate with Ms. Dhanwanti, Advocate, for the respondent. CMP(M) No.1307 of 2024, CMP No.14993 of 2024 & CMP(M) No.1306 of 2024 These applications have been filed by the legal representatives of deceased sole petitioner to bring them on record as petitioners after setting aside abatement and condoning the delay in filing the application. The reason for not filing the application for bringing on record the legal representatives of deceased petitioner, as averred in the application, is that the applicants belong to rural background and are unaware about the intricacy of law. In this background, they did not inform their counsel about the death of the petitioner. It is further submitted that the case was listed in this Court on 24.04.20224 and 13.05.2024 and at that stage, learned counsel for the petitioner contacted telephonically the applicants and came to know about the factum of death of petitioner. Thereafter, learned counsel required the applicants to procure necessary documents viz legal heirs certificate and death certificate. On procurement of the documents, the applicants got prepared the applications and were filed immediately thereafter. The applications are opposed. Replies have been filed. The prayers are contested on the ground that there is no consistency of pleadings in the applications. On such basis, it has been contended that the stand of applicants is falsified. Having considered the rival submissions as also the contents of the applications and rejoinder, I am of the considered view, the applicants have made out a case for condonation of delay and setting aside abatement. There is nothing on record to suggest that the applicants were aware about their right or necessity to be impleaded in the petition after the death of the original petitioner. That being so, the applications are allowed. The delay is condoned and abatement is set aside. Applicants, as detailed in para-5 of CMP No.14993 of 2024, are ordered to be brought on record as petitioners No.1(a) to 1(m). Amended memo has been filed and is taken on record. List the matter for hearing on 10th July, 2025. ( Satyen Vaidya ) Judge June 26, 2025 (vt)