1 FARAD CONTINUATION SHEET NO.__________ IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGBAD. CIVIL APPLICATION NO. 9805 OF 2006 WITH CIVIL APPLCATION ST. NO. 18566 OF 2003 IN SECOND APPEAL NO. 362 OF 1990 Office Notes, Office Memoranda of | Coram, appearances, Court’s orders | Court’s or Judge’s orders or directions and Registrar/s orders | and Registrar’s orders | CORAM : P.R. BORKAR, J. DATE : 15 th JUNE, 2010. 1 Heard Shri Sangit, Advocate holding for Shri V.J. Dixit, Senior Counsel for the applicants and Shri S.S. Kulkarni, Advocate holding for Shri V.T. Choudhari, Advocate for respondent no. 1. 2 These are the applications for condonation of delay by setting aside abatement and for bringing legal representatives of appellant no. 1 on record. It is stated in paragraph no. 2 of the delay condonation application that petitioner no. 1(A) is the only legal representative of the deceased. She was ot 2 aware of the proceedings. Her husband died in young age. For all the reasons that are given in paragraph nos. 2 and 3 of the application, in my opinion, this is a fit case to condone delay though delay is of very long time. In the result, both the applications are allowed. Delay is condoned. Abatement is set aside. Legal representatives of deceased appellant no. 1 be brought on record. Applications are accordingly allowed and disposed of. ( P. R. BORKAR, J.) dyb / office / ca9805.06.odt 3 FARAD CONTINUATION SHEET NO.__________ IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGBAD. CIVIL APPLICATION NO. 798 OF 2005 IN SECOND APPEAL ST. NO. 80362 OF 1991 Office Notes, Office Memoranda of | Coram, appearances, Court’s orders | Court’s or Judge’s orders or directions and Registrar/s orders | and Registrar’s orders | CORAM : P.R. BORKAR, J. DATE : 15 th JUNE, 2010. . This court by order passed on Civil Application no. 9805/2006 has condoned delay and set aside abatement in respect of death of appellant no. 1 & 2. Therefore, this application does not survive. Application stands disposed of. ( P. R. BORKAR, J.) dyb / office / ca9805.06.odt 4 FARAD CONTINUATION SHEET NO.__________ IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGBAD. CIVIL APPLICATION NO. 799 OF 2005 WITH CIVIL APPLICATION ST. NO. 18808 OF 2003 Office Notes, Office Memoranda of | Coram, appearances, Court’s orders | Court’s or Judge’s orders or directions and Registrar/s orders | and Registrar’s orders | CORAM : P.R. BORKAR, J. DATE : 15 th JUNE, 2010. . These are the applications for condonation of delay, setting aside abatement and for bringing legal representatives of appellant no. 2 on record. It is stated in paragraph nos. 2 and 3 of the application that legal representatives of deceased appellant no. 2 were not aware of the proceedings filed in the court. Appellant no. 2 died in the young age. It is also stated that appellant no. 3 was seriously ill as he was suffering from T.B. and there was no one to look after the litigation and, therefore, there was delay. For the reasons given in paragraph 5 nos. 2 and 3, delay though abnormal is condoned. Abatement is set aside. Legal representatives of appellant no. 2 be brought on record. Amendment to be carried out forthwith. ( P. R. BORKAR, J.) dyb / office / 6 FARAD CONTINUATION SHEET NO.__________ IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGBAD. SECOND APPEAL NO. 362 OF 1990 Office Notes, Office Memoranda of | Coram, appearances, Court’s orders | Court’s or Judge’s orders or directions and Registrar/s orders | and Registrar’s orders | CORAM : P.R. BORKAR, J. DATE : 15 th JUNE, 2010. . Appeal be fixed for hearing on the weekly board of the week commencing on 28 th June, 2010. ( P. R. BORKAR, J.) dyb / office /ca9805.06.odt