1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4528 OF 2005 CIVIL APPLICATION NO. 4528 OF 2005 CIVIL APPLICATION NO. 4528 OF 2005 IN IN IN FIRST APPEAL NO. 1366 OF 2002 FIRST APPEAL NO. 1366 OF 2002 FIRST APPEAL NO. 1366 OF 2002 Mohanlal Fulchand Kabara. .. Applicant. vs. Sangli Kombadi Sahakari Sangh Ltd., & Ors. .. Respondents. Mr. S.G. Deshmukh for Applicant. .. CORAM: J.N. PATEL &, CORAM: J.N. PATEL &, CORAM: J.N. PATEL &, A.A. SAYED, JJ. A.A. SAYED, JJ. A.A. SAYED, JJ. DATE: 3RD JULY, 2007. DATE: 3RD JULY, 2007. DATE: 3RD JULY, 2007. P.C. . Despite of the offer of legal aid for respondent no. 4 and despite respondent no. 4 being served, none appears for him. Therefore, the application for condonation of delay is allowed. Abatement, if any, is set aside. The LRs be brought on record. Necessary amendment be carried out within two weeks from today. 2 2. Issue fresh notice to the legal heirs of deceased respondent no. 4 on merits. (J.N. Patel, J. ) (J.N. Patel, J. ) (J.N. Patel, J. ) (A.A. Sayed, J. ) (A.A. Sayed, J. ) (A.A. Sayed, J. )