1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR C.A.S.Nos. 1041, 1042 & 1043 OF 2010 IN S.A. NO. 23/2005. Vasant Danduji Dhawle -: VERSUS :- Smt. Muktabai Balkisan Zodape and others. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : DECEMBER 21, 2010. Heard Shri G.R. Agrawal, learned Counsel for appellant/applicant and Shri A.J. Mirza, learned Counsel holding for Shri M. Shareef, learned Counsel for respondent nos. 1 to 4. Other respondents though served have chosen not to appear. Shri Agrawal, learned Counsel states that respondent nos. 1 to 4 are the only contesting and interested parties. Prayer is to condone delay in bringing legal heir of appellant/applicant on record. Death has taken place on 13.06.2010 and contention is, pendency of present matter came to their knowledge in 2nd week of October, 2010 when Shri Awari, Secretary of Vinayak 2 Cooperative Society approached them. The reason is being disputed by respondent nos. 1 to 4, however, respondent nos. 1 to 4 have not filed any affidavit opposing these contentions. The Second Appeal is already admitted in 2005 and as I do not find any malafides in the matter, delay is condoned. Prayers made in the applications are granted. Legal heir mentioned in C.A.S. No. 1043/2010 is permitted to be substituted on record. Necessary amendment be carried out by 11.01.2011. Civil Applications are disposed of accordingly. No costs. JUDGE Rgd.