1602caost800.09.odt 1/3 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CAS NOS. 704/2009, 705/2009 & 703/2009 IN CAOST NO. 800/09 IN MCA ST. NO. 11232/09 IN SECOND APPEAL NO. 205 OF 1993 (Nagpur Municipal Corporation Vs. Bhaurao Marotrao Mohod) Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order Mr. S. M. Puranik, Advocate for the appellant. Mr. S. S. Joshi, Advocate for the respondent. C ORAM : F. M. REIS, J. DATED : 16th February, 2010. CAS NO. 704/2009 : Heard. This is an application to condone the delay of 694 days in filing the application for bringing the legal representatives of the deceased respondent on record. The reason for the delay is that the appellant which is a Municipal Corporation had misplaced the file pertaining to the appeal and as such the appellants were prevented from moving this Court within the time prescribed. The respondent opposed the application. In the facts and circumstances of the case, considering that no malafides have been 1602caost800.09.odt 2/3 attributed to the appellants nor anything has been produced by the respondent to the effect that the appellants had knowledge about the death of the respondent and they had deliberately failed to approach this Court within the time, I find that the application for condonation of delay of 694 days to bring the legal representatives of the deceased respondent is to be granted. The delay is accordingly condoned. Application stands disposed of. CAS NO. 705/2009 : Heard the learned Counsel for the respective parties. The delay in filing the application for bringing the legal representatives of the deceased respondent has already been condoned vide order in Civil application No. 704 of 2009. Learned Counsel for the respondent states that respondent No. 1(d) is sole legal representative of respondent No. 1. In the circumstances, considering the matter in dispute, in the interest of justice, the application for bringing legal representative of 1602caost800.09.odt 3/3 the deceased respondent as mentioned in para 5 of the application is to be granted. Learned Counsel for the appellant states that he will take necessary steps to delete the names of other legal representatives of the deceased respondent, which are not required, at appropriate stage. The application is disposed of accordingly. CAS NO. 703/2009 : The application to bring the legal representatives of the deceased respondent on record has been allowed by condoning the delay. In the circumstance, the abatement of the appeal for failure on the part of the appellant to bring the legal representative of the deceased respondent on record is set aside. The application is disposed of accordingly. S. A. No. 205/93 : No further orders are required in the second appeal as abatement is set aside. Place the matter for final hearing after two weeks. JUDGE wwl