1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 9405 OF 2010 IN SECOND APPEAL NO. 747 OF 2007 _____________________________________________________________ Office Notes, Office | Memoranda of Coram, Court's or Judge's orders appearances, Court's | orders or directions and Registrar's orders | CORAM : S.V.GANGAPURWALA, J. DATE : 23/12/2010 PER COURT : 1. This is an application seeking condonation of delay and setting aside abatement in bringing legal heirs of respondent no. 5 on record. Respondent nos. 5-A to 5-E are served and represented by the counsel. The record shows that no intimation as is required under Order XXII Rule 10 -A of the Code of Civil Procedure was given by the learned counsel for respondent no. 5. 2. In light of the same, period of limitation would not start running. As such, the present Civil Application is allowed in terms of prayer clauses ‘A’, ‘ B ’ and ‘ C ’. Necessary amendment be carried out within 14 days. [ S.V.GANGAPURWALA ] JUDGE knp/CA 9405.10 in SA 747.2007 2