-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.771 OF 2007 APPLICATION NO.771 OF 2007 APPLICATION NO.771 OF 2007 IN IN IN SECOND SECOND SECOND APPEAL ST.NO.11509 OF 2007 APPEAL ST.NO.11509 OF 2007 APPEAL ST.NO.11509 OF 2007 Jagannath S.Malvi (since deceased) Jaishri Jagannath Mali & Ors. ...Applicants vs. Shivram Narayan Malvi ...Respondent Mr.K.S.Dewal for the Applicants Mr.G.S.Godbole with Mr.Nitin Mulye for the Respondent CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATE DATE DATE : JANUARY 29,2008 : JANUARY 29,2008 : JANUARY 29,2008 P.C.: P.C.: P.C.: 1. Heard Advocates for the parties. Perused the reply filed by the Respondent. The contentions raised in the said reply may be relevant for deciding the application for condonation of delay in preferring the Second Appeal. In the present application, the prayer is for permitting the legal representatives of the original defendant to file the Second Appeal as the original defendant has expired after the decision of the first Appellate Court. Therefore, the application deserves to be allowed. Application is accordingly allowed in terms of prayer clauses (a) and (b). 2. It is clarified that all contentions which are raised by the Respondent by way of reply to this Application are kept open and the Respondent is free to urge the same while this court decides the application for condonation of delay. 3. Civil Application No.772 of 2008 to be placed for hearing on 16th February 2008. -2- JUDGE JUDGE JUDGE