1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.10826 OF 2004 IN SECOND APPEAL NO.108 of 1987 Mrs.Shamimbi w/o Sk.Moosa Applicant Versus Nandakishor s/o Shaligram Jaiswal & another Respondents Miss Vaishnav, advocate holding for Mr.P.V.Mandlik, Senior Counsel for the applicant. Mr.S.V.Gangapurwala, advocate for Respondent No.1. CORAM: R.M.BORDE, J. DATE : 14 th August, 2009. P.C.: This is an application for restoration of Second Appeal,l which came to be dismissed for want of prosecution in view of the order dated 21.10.2004, passed by this Court. Considering the contentions raised in the application, application deserves to be allowed and same is accordingly allowed. The order, passed by this Court on 21.10.2004, dismissing the appeal for want of prosecution, is recalled. Second Appeal is restored to its original number. Civil Application stands disposed of. (R.M.BORDE) JUDGE ******* adb/ca1082604 2 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.9681 OF 2005 IN SECOND APPEAL NO.108 of 1987 Mrs.Shamimbi w/o Sk.Moosa Applicant Versus Nandakishor s/o Shaligram Jaiswal & another Respondents Miss.Vaishnav, advocate holding for Mr.P.V.Mandlik, Senior Counsel for the applicant. Mr.S.V.Gangapurwala, advocate for Respondent No.1. CORAM: R.M.BORDE, J. DATE : 14 th August, 2009. P.C.: This is an application for bringing on record L.Rs. of deceased Respondent No.1 as well as condonation of delay of 3211 days occurred in presenting the application for the said purpose. Considering the contentions raised in the application, application deserves to be allowed, however, subject to payment of cost. Delay occurred in presenting the application stands condoned, however, subject to payment of cost of Rs.3000/- (Rs.Three thousand) payable to the Bar Association Library within a period of four weeks from today. On payment of cost, as directed, L.Rs. of deceased Respondent No.1, are permitted to be brought on record. Record be amended accordingly. Abatement of appeal, to that extent, is set aside. In the event of failure to 3 deposit, cost, as directed, Civil Application, shall be deemed to have been rejected without further reference to the Court. Civil Application stands disposed of. (R.M.BORDE) JUDGE ******* adb/ca1082604