1 ca9628.11 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 9628 OF 2011 IN SECOND APPEAL NO. 1545 OF 2005 WITH CIVIL APPLICATION NO. 9629 OF 2011 IN SECOND APPEAL NO. 1544 OF 2005 (Chandrabhagabai Dashrath Aute Vs. Saraswatibai Dattu Aute) Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : A.V. NIRGUDE, J. DATED : 16.08.2011 Mr. S.P. Shah h/f. Mr. P.V. Barde, Advocate for the appellant. Mr. D.K. Kulkarni, Advocate for the respondent. 1. For the reasons mentioned in the applications the applications are allowed. The delay is condoned and the abatment is set aside. 2. These are the applications for condonation of delay of 584 days caused in filing the applications, for setting aside order of abatment passed against sole respondent and also for passing 2 ca9628.11 appropriate orders under Order 22 Rule 4A of the C.P.C. 3. Considering the fact that the sole respondent died without leaving any legal representative, I think the situation contemplated under Rule 4A of Order 22 of C.P.C. has arisen and instead of proceeding with the appeal in absence of the deceased respondent, it would be better if a representative for the respondent is appointed. The Registrar (Legal) of this Court is appointed as representative of the respondent. Mr. D.K. Kulkarni is appointed as advocate for the respondent. He shall meet the Registrar (Legal) and take further instructions from him. [A.V. NIRGUDE, J.] snk/2011/AUG11/ca9628.11