1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CIVIL APPLICATION No.1009/2009 IN M.C.A.ST.NO.14692/09 IN S.A. NO.15/97(D) Deepak Digambarappa Gondal (dead) Vilas s/o Digambarappa Gondal Versus Vatsalabai Dimbarappa Gondal and others _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ Shri S.N. Dhangare, Advocate for the appellant. Shri D.R. Rupnarayan, Advocate for respondent Nos.2,3,5 to 8. CORAM : R.M.SAVANT, J. DATED : 24.01.2011. By the above civil application, the applicant/original respondent No.8 prays for condonation of delay in filing application for restoration of the appeal, which has been dismissed for non-prosecution on account of the conditional order dated 04-7-2005, by which the original appellant-Deepak Digambarappa Gondal was directed to file the private paper-book within the time stipulated in the said order. The applicant is the brother of one Deepak Gondal, the suit filed by the said Deepak Gondal was for partition of the ancestral property. By another application filed in the above appeal, the applicant/respondent No.8 have prayed for transposition of respondent No.8 as appellant in place of said Deepak Dondal who has expired. 2 The reasons why the private paper-book could not be filed within the stipulated time as also the reasons as to why there has been delay of 1475 days in filing the application for restoration of the appeal have been stated in the application. The learned Counsel for the respondents does not seriously oppose the application. In my view, the reasons deserve acceptance. Resultantly, the delay of 1475 days in filing the application for restoration of the appeal stands condoned. The Civil Application is accordingly disposed of. M.C.A.ST.NO.14692/2009 By the above civil application, the applicant i.e. original respondent No.8 seeks restoration of the appeal, which has been dismissed for non-prosecution on account of the conditional order dated 04-7-2005. By an order passed today, the delay in filing application for restoration of the appeal has already been condoned. In view thereof, the above application for restoration of the appeal would have to be allowed and is accordingly allowed. The appeal is resultantly restored to file. Civil Application accordingly disposed of. CIVIL APPLICATION NO.176/2010 By the above civil application, the applicant/respondent No.8 seeks transposition as appellant in place of the original appellant-Deepak Dondal, who has expired. The suit was filed for partition. The applicant/respondent No.8 is the brother of the original 3 appellant-Deepak Dondal. In my view, no prejudice would be caused to the other respondents, who are also members of the same family. In that view of the matter, the Civil Application is required to be allowed and is accordingly allowed. Respondent No.8 is allowed to be transposed as appellant. Learned Counsel for the applicant/respondent No.8 to carry out the amendment in the cause title of the appeal within a period of two weeks from date. The Civil Application is accordingly disposed of. CIVIL APPLICATION NO.832/2010 By the above civil application, the applicant seeks condonation of delay in filing application for setting aside abatement and for bringing heirs of respondent No.4 on record, who are respondent Nos. 4(A) to 4(C). The said heirs are already2 brought on record by the order dated 02/12/2010. Shri Roopnarayan, learned Counsel has made a statement that he would be appearing for respondent Nos. 4(A) to 4(C). The Civil Application is accordingly allowed and disposed of. JUDGE pma 4