1 13 caf.5760.08 ors ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 5760 OF 2008 IN FIRST APPEAL (STAMP) NO. 26395 OF 2006 The State of Maharashtra and ors. ... Applicants Vs. Bhagu Janaji Roundhal and ors. ... Respondents ----- Mrs. S.V Sonavane AGP for the Applicants. Mr. Tushar Sonavane for the Respondents. ----- CORAM : A.M. KHANWILKAR and A.A. SAYED, JJ. DATE : 13 th August, 2010. P.C. 1 The learned counsel for the Respondents waives notice. 2 There is delay of 36 days in filing appeal. By this application, it is prayed that the said delay be condoned. It is noticed that Respondent No.1 had died during the pendency of the proceedings before the Reference Court. By separate order passed today, the learned counsel for the Appellant has chosen to proceed with the matter 2 13 caf.5760.08 ors by urging additional grounds in the appeal that the Reference had abated as against the deceased Respondent No.1. Therefore, the decree passed in favour of Respondent No.1 is nullity. It will be open to the Appellant to urge further grounds as may be advised. Amendment in appeal as well as in application be carried out before the next date of hearing. Appeal will be listed on 26 th August, 2010 alongwith companion matters for admission. Delay in filing appeal is condoned by this order. Appeal to proceed for admission accordingly. [ A.A. SAYED, J ] [ A.M. KHANWILKAR, J ]