1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Second Appeal No. 330/2009 (Smt.Mangla wd/o Ramesh Shende & others VERSUS The Public Co-operative Housing Society Ltd. Nagpur thr. Secretary & others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Rahul Tajne, counsel for the appellants. Shri S.D. Deshpande, counsel for the respondent. CORAM : SMT. VASANTI A. NAIK, J. DATE : SEPTEMBER 15, 2009. It appears that the Record & Proceedings may be necessary for considering the matter at the stage of admission. Hence, call for Record & Proceedings. The matter may be listed for admission on 01.10.2009. Ad-interim relief to continue till then. C.A.S. NOs. 674/2009, 675/2009 & 676/2009. Heard the learned counsel for the applicants. By these three civil applications, the applicants seek condonation of delay in bringing the legal representatives of deceased original appellant no.3 Anthony James on record, for setting aside abatement, if any, and for bringing the legal representatives on record. 2 It is not in dispute that the first appeal was preferred by ten appellants and during the pendency of the first appeal, though Anthony James had expired, his legal heirs were not substituted on record as the other appellants were prosecuting the matter. It is the case of the applicants that the cause of action against deceased Anthony James survives against the present applicants also as they are residing in the same premises which was occupied by Anthony James and which is the subject matter of the suit. On hearing the learned counsel for the parties and on perusal of the judgment reported in AIR 1958 SC 394, it appears that it would be necessary to grant the prayers made in the civil applications subject to the payment of costs of Rupees One Thousand Five Hundred to the respondent within a period of two weeks from the date of this order. The civil applications are allowed in the aforesaid terms and disposed of. C.A.S. NOs. 677/2009, 678/2009 & 679/2009. By these three civil applications, the applicants seek condonation of delay in bringing the legal representatives of deceased original appellant no.8 Sahadeo Shahu on record, for setting aside abatement, if any, and for bringing the legal representatives on record. 3 It is not in dispute that the first appeal was preferred by ten appellants and during the pendency of the first appeal, though Sahadeo Shahu had expired, his legal heirs were not substituted on record as the other appellants were prosecuting the matter. It is the case of the applicants that the cause of action against deceased Sahadeo Shahu survives against the present applicants also as they are residing in the same premises which was occupied by Sahadeo Shahu and which is the subject matter of the suit. On hearing the learned counsel for the parties and on perusal of the judgment reported in AIR 1958 SC 394, it appears that it would be necessary to grant the prayers made in the civil applications subject to the payment of costs of Rupees One Thousand Five Hundred to the respondent within a period of two weeks from the date of this order. The civil applications are allowed in the aforesaid terms and disposed of. C.A.S. NOs. 680/2009, 681/2009 & 682/2009. By these three civil applications, the applicants seek condonation of delay in bringing the legal representatives of deceased original appellant no.9 Kailash Awale on record, for setting aside abatement, if any, and for bringing the legal representatives on record. 4 It is not in dispute that the first appeal was preferred by ten appellants and during the pendency of the first appeal, though Kailash Awale had expired, his legal heirs were not substituted on record as the other appellants were prosecuting the matter. It is the case of the applicants that the cause of action against deceased Kailash Awale survives against the present applicants also as they are residing in the same premises which was occupied by Kailash Awale and which is the subject matter of the suit. On hearing the learned counsel for the parties and on perusal of the judgment reported in AIR 1958 SC 394, it appears that it would be necessary to grant the prayers made in the civil applications subject to the payment of costs of Rupees One Thousand Five Hundred to the respondent within a period of two weeks from the date of this order. The civil applications are allowed in the aforesaid terms and disposed of. JUDGE APTE