941-wp-2043-2023.odt (1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2043 OF 2023 Jamiloddin Aminoddin Qureshi And Another VERSUS Sanjay Santram Dubhashe And Another ... Advocate for the Petitioners : Mr. Shinde Sharad S. ... CORAM : SIDDHESHWAR S. THOMBRE, J. Dated : DECEMBER 24, 2025 PER COURT:- 1. Heard learned counsel for the petitioners. 2. By way of present petition, the petitioner assails the order dated 14.09.2022 passed below Exhibit-1 by the learned Joint Civil Judge Junior Division, Ambajogai in Misc. Civil Application No.383 of 2022, whereby the application filed by the respondents seeking condonation of delay for setting aside the order of abatement passed in Regular Civil Suit No.149 of 2001 came to be allowed. 3. Learned counsel for the petitioners vehemently submits that as the delay of about 3287 days (9 years and 2 days) was not properly explained, the Trial Court ought not to have condoned the delay by setting aside the order of abatement. He submits that the plaintiff no.1 Santram died on 25.03.2007 and plaintiff no.2 died on 29.12.2010 and as both the plaintiffs died, the learned Trial Court passed the order of abatement on 17.04.2013. Therefore, through the 2025:BHC-AUG:37631 941-wp-2043-2023.odt (2) legal heirs, the application came to be filed on 09.06.2022. 4. Having gone through the application, The legal heirs i.e. respondent nos.1 and 2 assigned the reasons by pointing out that both plaintiffs have died and they were not having knowledge about the proceedings as they were looking after the Court proceedings, therefore, the delay was caused. Even it was pointed out that the respondents shifted to other village. I find that the respondents have recorded the reasons and therefore, even I am convinced that the reasons are properly recorded. Having gone through the reasons and the order passed by the learned Trial Court, I find that the learned Trial Court has exercised the powers judiciously. Therefore, I do not find any reason to interfere with the order passed by the learned Trial Court. 5. Writ Petition is dismissed. No order as to cost. (SIDDHESHWAR S. THOMBRE, J.) Mujaheed//