1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 2408 OF 2010 in CAST NO. 3369/2010 IN SECOND APPEAL NO.422/1991 Office Notes, Office Memoranda of Coram, appearances, Court’s orders Court’s or Judge’s orders or directions and Registrar’s orders Mr. S.V. Adwant, Advocate for the applicant Mr. P.S. Shendurnikar, Advocate for the respondent No.2 (deleted) CORAM : K.U. CHANDIWAL,J. DATE : 9TH APRIL, 2010. PER COURT : 1. Heard Mr. Adwant, Advocate for the appellant bank and Mr. Shendurnikar, Advocate for the respondent No.2 (deleted). 2. Mr. Shendurnikar has placed on record, the death certificate indicating the original defendant No.2 Murlidhar Hazarimal Patwari, expired on 9/3/2000. 3. Power is filed by him on behalf of deleted respondent Shankarlal Gulabchand Mor. 4. The appeal was on board on 16/7/2009 and it was dismissed. 5. The learned counsel for the appellant bank informs that the matter was attended by other advocate and could not be allegedly attended to, by him. The bank was informed on 16/1/2010 about the dismissal of the appeal including filing of the application in 2 Execution Petition No. 161/1991. In the result, there is inordinate delay on the part of the bank. 6. The record demonstrate willingness on the part of the bank to prosecute the matter, particularly, when the challenges revolves to a money decree. Record illustrate, either the partners are deleted or the matter was forced to wait till death of Murlidhar, having expired on 16/7/2009. Laxity further need not encouraged simply by restoring the appeal to its original position. 7. Considering the work of the claim and also the above scenario, the appeal is restored to its original position on the bank paying Rs.7,500/- ( rupees seven thousand five hundred) to the deleted respondent NO.2, Shankarlal Gulabchand More, within four weeks. 8. Liberty to the bank to take steps concerning death of Murlidhar Patwari, who as per the certificate expired on 9/3/2000. 9. On deposit of the amount in this court, liberty to the counsel or party, to withdraw the amount. [K.U. CHANDIWAL,J] grt/-