1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 9928 OF 2008 IN SECOND APPEAL NO. 1624 OF 2004 Bhaidas Bhata Pakale and others .. .. Applicants Versus Onkar Anandsing Girase (Rajput) Died-through-L.R.’s A. Bhilubai S/o Natha Rajput .. .. Respondent Shri V. R. Dhorde, Advocate h/f Shri R. N. Dhorde, Advocate for the Applicant. The Respondent No. 1A served – absent. CORAM : N. D. DESHPANDE, J. DATE : 30TH NOVEMBER, 2009. ORAL ORDER : 1. Heard Shri Shirurka learned counsel for the respondent who is reported as dead. The sole respondent expired on 15th April, 2008. So on his request his vakalatnama stands discharged. 2. He further informs that the respondent left behind his daughter as only legal heirs who is married. However, he did not have any instructions from her in this matter and in the 2 application for bringing the legal heirs on record. 3. Perused the record and heard Shri V. R. Dhorde, advocate holding for Shri R. N. Dhorde, learned counsel for the applicant/appellant. The notice to the proposed legal heir is served after condonation of delay by this Court. As such, the said application for condonation of delay is allowed. Necessary corrections be made in the title clause of the appeal memo within one week. 5. Now, the appeal would be heard finally on merits, since it is admitted earlier. In that view of the matter, fix the appeal for final hearing in the next week. The appeal shall be shown in the urgent category first on Board at 2.30 p.m., since the appellant claims to be in possession of the suit property. The legal heirs i. e. daughter brought on record is marked as ex-parte. The civil application is allowed and disposed of accordingly. [ N. D. DESHPANDE, J.] bsb/Nov.09