1 26-CA.3275-15.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 26 CIVIL APPLICATION NO. 3275 OF 2015 IN SA/1591/2005 HANIF HUSSAIN AND OTHERS VERSUS SK SHABBIR SK KADAR ... Advocate for Applicants : Mr. P. N. Sonpethkar. ... CORAM : SHAILESH P. BRAHME, J. DATE : 16.09.2025 PER COURT :- 1. Heard Mr. Sonpethkar for applicants. None appears for the respondents. 2. Applicants are praying for condonation of delay, setting aside abatement and bringing legal heirs of sole respondent on record. 3. Averments of the application have not been controverted by the respondents. Despite service, none appears for the proposed legal heirs of the respondent. The cause of action survives against proposed legal heirs. No malafides have been found on the part of the applicants in preferring the appeal belatedly. Though there is delay of five years and four months, conditional order can be passed. 2025:BHC-AUG:24997 2 26-CA.3275-15.odt 4. For the reasons stated in the application, delay stands condoned. Civil application is allowed in terms of prayer clauses “B” and “C” subject to deposit cost of Rs.3,000/- within a period of four (4) weeks from today to Advocate’s Association of Bombay High Court, Bench at Aurangabad. (SHAILESH P. BRAHME, J.) ... vmk/-