1 1182.01.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1182 OF 2001 The State of Maharashtra ...Appellant Versus Shri Dharma Barkya Gondhali ...Respondent WITH CIVIL APPLICATION NO.114 OF 2010 IN CROSS OBJECTIONS (STAMP) NO.15937 OF 2010 IN FIRST APPEAL NO.1182 OF 2001 Shri Babu Barkya Gondhali, Since deceased through heir 1-A) Namdeo Bau Gondhali & Ors. ...Applicants Versus The State of Maharahstra ...Respondent ...... Mrs.G.P.Mulekar, A.G.P. for Appellant in Appeal & for Respondent in CA. Mr.D.S.Mhaispurkar for Applicants in CA. ...... CORAM:- A.M.KHANWILKAR AND A.A.SAYED, JJ. DATED:- JULY 12, 2010. P.C. 1. Counsel for the Appellant submits that in the present case, the Cross Objections filed by the Claimants will have to be dismissed and the Appeal filed by the State should be allowed on the ground that the Reference filed by the Claimants before the District Court itself was time barred. The Appellant intends 2 1182.01.sxw to amend the grounds of Appeal to incorporate the above contention. Besides, the Appellant may have to take out appropriate Application for bringing on record heirs and legal representatives of deceased Respondents. 2. In view of the above, hearing of this Appeal is deferred till 9th August 2010. The proposed Application be filed by the Appellant on or before 2nd August 2010, failing which, the Appeal be treated as dismissed for non- prosecution without further reference to the Court. 3. If steps are taken in time, matter be listed on 9th August 2010 along with the proposed Application. (A.A.SAYED, J.) (A.M.KHANWILKAR, J.)