1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3914 OF 2008 IN FIRST APPEAL STAMP NO. 6279 OF 2008 The State of Maharashtra ..Applicant versus Dnyanoba Pandurang Gaikawad, deceased through legal heirs Harishchandra D. Gaikawad & Ors. ..Respondents Mrs. S. V. Sonawane for Applicant – State. Ms. Deepa Sawant i/b. S. S. Punde for Respondent Nos. 1 to 3, 10 and 11. CORAM : BILAL NAZKI & S. A. BOBDE, JJ. DATED : NOVEMBER 10, 2009. P.C. : 1. Respondent Nos. 1, 2, 3, 10 and 11 are represented by an Advocate. Affidavit has been filed submitting that respondent Nos. 4, 5, 6, 7, 8 and 9 have been served. They are not present despite service, therefore they are set exparte. The learned counsel for the contesting respondents does not contest the condonation of delay application. Application is allowed. Delay is condoned. 2 2. Appeal be listed for admission on 17th November, 2009. (BILAL NAZKI, J.) (S. A. BOBDE, J.)