IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1210 OF 2007 WITH CIVIL APPLICATION NO. 1477 OF 2008 WITH CIVIL APPLICATION NO. 1478 OF 2008 IN SECOND APPEAL (ST.) NO. 19052 OF 2007 Damodar Ananda Ahire since deceased through legal heirs Ramchandra Damodar Ahire...... .......... Applicant V/s Sulyabai @ Sulochana Dashrath Jondhale...... ...... Respondent. Mr.M.V.Rawool h/f Mr.P.B.Shah, Adv. For the applicant. CORAM: R.V. MORE, J. 19th DECEMBER, 2008. PC: Heard learned advocate for the applicant. Civil Application No.1477 of 2008 is taken out for deletion of names of respondent Nos. 2 and 3. Applicant is granted leave to delete the names of respondent Nos. 2 and 3 at his own risk. Civil application No.1477 of 2008 stands disposed of accordingly. 2. Civil Application No.1210 of 2007 is filed for condonation of delay of 35 days. In this civil application notices were issued. However respondent No.1 could not be served and therefore civil application No.1478 of 2008 was filed for issuance of fresh notice to 1 respondent No.1. Learned advocate for the applicant however places on record affidavit of service together with acknowledgment of respondent No.1 which shows that respondent No.1 is served on Civil application No.1210 of 2007. However none appears on his behalf. Hence for the reasons stated in the application delay of 35 days is condoned. Civil application No.1210 of 2007 stands disposed of. 3. In view of the order passed in Civil Application No.1210 of 2007, Civil Application No.1478 of 2008 has become redundant. Same also stands disposed of accordingly. 19.12.08 (R.V. MORE, J.) 2