1/3 23.CAS.597.2018(STM).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION SECOND APPEAL NO. 634 OF 1990 WITH CIVIL APPLICATION NO. 597 OF 2018 WITH CIVIL APPLICATION NO. 598 OF 2018 WITH CIVIL APPLICATION NO. 599 OF 2018 WITH CIVIL APPLICATION NO. 600 OF 2018 WITH CIVIL APPLICATION NO. 603 OF 2018 WITH CIVIL APPLICATION NO. 602 OF 2018 WITH CIVIL APPLICATION NO. 601 OF 2018 IN SECOND APPEAL NO. 634 OF 1990 Nana Narayan Gade & Ors. ....APPLICANTS V/S Dattatraya Sayaji Kumbhar & Anr. ....RESPONDENTS Mr. Ashok B. Tajane a/w. Adv. Y. G. Thorat for the applicants in all the CAs CORAM : NITIN W. SAMBRE, J. DATED : 21th OCTOBER, 2022 P.C.: CA/597/2018 1. OfÏce certifies that the service on the respondents is already completed. Though served none appeared for respondents. 2. The second appeal was already admitted, however for non This order is corrected pursuant to the order dated 23/11/2022 2/3 23.CAS.597.2018(STM).doc removal of ofÏce objections, the same was dismissed because of the conditional order passed by this Court. 3. Though served none appeared for the non-applicants. 4. In view thereof, the order of dismissal of Second Appeal for want of prosecution passed on 03/09/2020 is recalled by condoning the delay of 6 years, 5 months and 11 days. 5. The counsel for the appellants submits that paper books shall be filed within a period of four weeks from today. The statement is accepted as an undertaking. 6. If the above statement is not complied with, the application for restoration will stood rejected without further reference to the Court. CA/603/2018 7. Leave to amend. 8. Amendment to be carried out forthwith 9. The prayer for deletion of the appellant no. 3-Shantabai Kishna Gade is allowed at the risk and peril of the appellants. CA/602/2018, CA/601/2018, CA/600/2018, CA/599/2018 & CA/598/2018 10. CA/602/2018 is for bringing legal heirs of appellant no. 1C on record, CA/601/2018 is for bringing legal heirs of appellant no. 1-I on record, CA/600/2018 for bringing legal heirs of appellant no. 1B This order is corrected pursuant to the order dated 23/11/2022 3/3 23.CAS.597.2018(STM).doc on record, CA/599/2018 is for bringing legal heirs of appellant no. 1A on record. 11. All these applications are preferred beyond the limitation prescribed for bringing legal heirs and there is substantial delay. 12. As such, issue notice to the respondents, returnable on 09/01/2023. 13. In addition to Court notice, applicants are permitted to serve the respondents through registered post A.D./Speed post and file afÏdavit of service before the returnable date. CA/598/2018 14. This application is for transposition of the appellant nos. 2 & 4 as respondent nos. 3 & 4 15. Let there be a notice to the respondents including the appellant nos. 2 & 4, returnable on 09/01/2023. (NITIN W. SAMBRE, J.) This order is corrected pursuant to the order dated 23/11/2022 ANANT KRISHNA NAIK Digitally signed by ANANT KRISHNA NAIK Date: 2022.11.24 17:07:04 +0530