spb/ 1 51cas1292-1293-11 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPLICATION NO. 1292 OF 2011 WITH CIVIL APPLICATION NO. 1293 OF 2011 IN SECOND APPEAL NO. 201 OF 2007 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Ms. Ameeta Vasant for the Applicants in both CAs. Mr. Gite h/for Mr. M.S.Gite for Respondent Nos. 4 to 7. --- CORAM : G.S. GODBOLE, J. DATE : 29th SEPTEMBER, 2011 P.C.:- 1 Perused the Civil Applications. Heard learned Advocates. 2 Civil Applications are opposed. However, considering the fact that the Second Appeal was dismissed for default on 6.1.2010 when Haushabai Gangurde had already died on 22.07.2009 and her heirs were not brought on record, the Second Appeal has already abated and the Second Appeal dismissed in spb/ 2 51cas1292-1293-11 default. 3 Reasons for the delay given in the C.A. No. 1293/2011 in paragraphs 4 to 7 deserve to be accepted and hence, the delay deserves to be condoned. Accordingly, Civil Application No.1293/2011 is allowed in terms of prayer clauses (a) and (b). 4 Civil Application No. 1292 of 2011 is allowed in terms of prayer clauses (a) and (b). 5 Amendment in the title of the Second Appeal be carried out forthwith. (G.S.GODBOLE, J.)