IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.1195 OF 2007. APPLICATION NO.1195 OF 2007. APPLICATION NO.1195 OF 2007. IN IN IN FIRST FIRST FIRST APPEAL NO.1788 OF 2006. APPEAL NO.1788 OF 2006. APPEAL NO.1788 OF 2006. Shri Dwarkanath Vyankatrao Karanjkar ...Applicant Versus Shri Bhiku @ Jagannath Vynakoba Karanjkar & Ors. ...Respondents Shri Dilip Bodake for the Applicant. Shri Ravi Kadam i/by Shri R.A.Thorat for the Respondents. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATED DATED DATED : 03rd December, 2007. : 03rd December, 2007. : 03rd December, 2007. P.C.: P.C.: P.C.: 1. Heard advocate for the applicant and advocate for the 2nd and 3rd respondents. The advocate for the applicant states that the 1st respondent is duly served with private notice and affidavit of service has been filed. 2. The prayer in this application is under Rule 4 Order XXII of the Code of Civil Procedure, 1908 for granting exemption to the Applicant (original appellant) from bringing the heirs and legal representatives of the deceased 4th and 5th respondents (original 4th and 5th defendant). It is stated that on 17th December, 1994 the said defendants have executed a separate Deeds of ... 2 ... Gift, in favour of the applicant and by the said Deeds of Gift they have transferred their respective shares in the suit property in favour of the applicant. He invited my attention to the finding recorded by the trial Court on issue No.1 accepting the said case made out by the 4th and 5th respondents in their written statement. 3. There is no cross-appeal or cross-objection filed in the matter. The advocate for 2nd and 3rd respondents has no objection if prayer made in this application is granted. 4. Considering the aforesaid facts, application is allowed in terms of prayer clause (a). JUDGE JUDGE JUDGE