1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR C.A.NO. 4171/2007 IN M.C.A.ST. NO.8693/2007 IN S.A. NO.190/1988 (Saraswatibai wd/o Balaji Mathanwar VERSUS Deokabai Gulabrao Bakde & others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri C.S. Pultamkar, counsel for the applicant. CORAM : SMT. VASANTI A. NAIK, J. DATE : AUGUST 12, 2009. Heard the learned counsel for the applicant. Perused the contents of the civil application. None appears on behalf of the respondents, though served. For the reasons stated in the civil application, the delay of eight months in filing the application for restoration is condoned. The civil application is allowed and disposed of. C.A. NO.4172/2007. The learned counsel for the applicant states that this application has been rendered infructuous as respondent no.2 has died during the pendency of the appeal. The civil application is, therefore, disposed of. 2 M.C.A. ST. NO.8693/2007. Heard the learned counsel for the applicant. For the reasons stated in the miscellaneous civil application, the prayer made in the miscellaneous civil application is granted to the extent that the order passed by this Court on 10.11.2006 is hereby set aside. The second appeal is restored to file subject to the payment of costs of Rupees Five Hundred in the High Court Legal Services Sub Committee, Nagpur within a period of ten days from today. The miscellaneous civil application is allowed in the aforesaid terms and disposed of. The applicant is, however, directed to remove the Office objections positively within a period of two weeks from the date of restoration of the appeal. JUDGE APTE