: 1 : vss THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1285 OF 2009 IN SECOND APPEAL ST. NO.1113 OF 2004 a/w CIVIL APPLICATION NO.1288 OF 2009 IN SECOND APPEAL ST. NO.1113 OF 2004 Office Notes, Office Memoranda of Coram, appearances, Court's order or Directions and Registrar's Orders Court's or Judge's Orders Mr.J.S. Deo for Applicants Mr.Amogh Paradikar for Respondents CORAM: SMT.NISHITA MHATRE,J. DATED: SEPTEMBER 16, 2009 P.C.: Both these civil applications have been filed bringing on record the executor of the will of original Respondent No.1 i.e. Vidyadhar G. Patwardhan. In Civil application No.1285 of 2009, a prayer is also sought seeking condonation of delay in filing the application and setting aside the abatement of the Second Appeal. Probate has been obtained and therefore it is prayed that the executor be arrayed as a party to the appeal. 2. For the reasons stated in the civil applications, they are allowed. Amendments to be carried out within two weeks. : 2 : vss THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1286 OF 2009 IN SECOND APPEAL NO.1113 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court's order or Directions and Registrar's Orders Court's or Judge's Orders Mr.J.S. Deo for Applicants Mr.Amogh Paradikar for Respondents CORAM: SMT.NISHITA MHATRE,J. DATED: SEPTEMBER 16, 2009 P.C.: Heard. For the reasons stated in the civil application, it is allowed. Delay in filing the appeal is condoned. 2. Civil application is disposed of accordingly.