IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.753 OF 2006 IN APPEAL FROM ORDER ST. NO.18239 OF 2006 WITH CIVIL APPLICATION ST.NO.18242 OF 2006 Smt.Dunkuribai B.Bhagat ..Applicant V/s. Shri.Dattatraya H. Mhatre and others ..Respondents Mr.S.S.Patwardhan, advocate for applicant Ms.Anuradha Prabhu i/b.N.V.Bandiwadekar for respondent Nos.1 to 4, 6 to 8 & 10 Coram : D.G.Karnik, J Date : 9th November, 2006 P.C. 1. Heard learned counsel for the parties. None present for respondent Nos.5 & 11 though, served. No affidavit in reply has been filed. Therefore, averments made in the application are deemed to be admitted. For the reasons stated in the application delay of 94 days of filing appeal is condoned. Civil Application is allowed in terms of prayer clause (A). (D.G.Karnik, J.)