1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.13667/2010 WITH CIVIL APPLICATION NO. 5778/2011 AND CIVIL APPLICATION NO. 6434/2011 IN SECOND APPEAL st. NO. 29926/2010 SARASWATIBAI ABASAHEB KADU (DECEASED THROUGH L.RS.) Vs. ABABAI KHANDERAO MATE AND OTHERS Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : A.V. Nirgude, J DATED : 6th June, 2011. Mr. M.R. Sonwane, Advocate for the appellants. Mr. D.G. Nagode, Advocate for respondent Nos. 3 to 7 1. Heard. 2. The contesting respondents are served and are represented. Few respondents are not served despite of diligent efforts. One of the respondents could not be served because he was not heard of for last more than seen years. Even in lower court, he was served through publication. I am therefore, inclined to dispense with notice to him. The served respondents have not filed any reply to oppose application for the reasons mentioned in the application. The delay in 2 filing of this appeal stands condoned. The application is allowed. The appeal be registered. 3. In view of above order, civil applications No. 5778/2011 and 6434/2011 would not survive, disposed of. [A.V. NIRGUDE,J.] ts k/2011/June6/ca13667.10