1 caf6028-08 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.6028 OF 2008 IN FIRST APPEAL ST.NO.28203 OF 2008 Shivchand Anmol Shah .. Applicant Vs. Kalavati Devi Rajaram Anmol Shah alias Gupta wd/o Rajaram and Ors. .. Respondents Mr.Rahul Pandey i/b M/s.Pandey and Co. for the applicant Mr.M.B.Jadhav for respondent nos.1A to 1C Ms.V.S.Mhaispurkar, A.G.P. for respondent nos.7 CORAM: K.K. TATED, J. DATE 7TH JANUARY, 2011 P.C. 1. Heard the learned counsel for the applicant and the learned A.G.P. for respondent no.7. 2. The present Civil Application is preferred by original plaintiff for condonation of delay of 49 days in filing the appeal against the judgment 2 caf6028-08 and award dt.12.9.08 passed by City Civil Court in Special Civil Suit No. 6293 of 1990. 3. Applicant failed to take appropriate steps to bring legal heirs on record of respondent no.6a and 6b. Therefore, Civil Application and First Appeal abate against respondent nos.6a and 6b. 4. Notice issued to respondent no.6c and 6d returned unserved. Therefore, Civil Application stands dismissed against respondent nos.6c and 6d. 5. Considering the submissions advanced by learned counsel appearing on behalf of the applicant and the averments made in Civil Application, Civil Application is allowed in terms of prayer clause (a), which reads as under: a) That this Honourable Court be pleased to condone the delay of 49 days for filing the above appeal and office be directed to number the first appeal and place before this Honourable Court for admission and order. 6. Civil Application disposed of accordingly. (K.K. TATED, J.) 3 caf6028-08