1 7 cas.1633.04 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION CIVIL APPLICATION NO. 1633 OF 2004 IN SECOND APPEAL (stamp) NO. 24442 OF 2004 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. R.J.Nathani i/b Mr. Vinay M. Bhate for the Applicants. Mr. V.R.Gaikwad for Respondent No.1. CORAM : A.S.OKA, J. DATE : 30 th November, 2011. P.C. . This application stands abated as against Respondent Nos.3­B, 3­C and 3­E as per the order dated 10 th October, 2007. The learned counsel appearing for the Applicants seeks time to apply for setting aside the abatement. The order of abatement has been passed four years back. Hence, time cannot be granted. In fact, on 9 th September, 2011 time was already granted by this Court. 2 Heard the learned counsel appearing for Respondent No.1. Sufficient cause is made out to 2 7 cas.1633.04 condone the delay. Rule is made absolute in terms of prayer clause (a). It is made clear that even the second appeal stands abated as against Respondent Nos.3­B, 3­C and 3­E. The effect of abatement of the appeal on maintainability of the appeal shall be considered at the time of admission of the appeal. [ A.S.OKA, J ]