1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Civil Application No. 8309 of 2010 in Second Appeal No. 49 of 1993 with Rejected Case No. 472 of 2009 in Civil Application St No.835 of 2008 and Rejected Case No. 473 of 2009 in Civil Application No. 839 of 2008 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Amol Gandhi, Advocate for the appellants Mr. Narendra Jamdade, Advocate for respondents No.1 to 4 Per Court : 1. Heard. 2. The Civil Applications are taken out for setting aside of abatement of the appeal which occured long back due to the death of sole appellant. 3. Having heard the application and realizing that the appeal is admitted long back, the appellant deserves to agitate the appeal on merits. But, the delay that has occurred in getting the appeal restored 2 would entail the respondents substantial costs from the appellants. The costs of Rs.5,000/- be paid by the appellants / legal representatives to the respondents or their Advocate on or before 1st July, 2010. On such payment of costs, the appeal shall stand restored. Abatement is set aside. 4. Appeal be fixed for final hearing pre-emptorily after two weeks. 5. In view of this, all Civil Applications shall stand allowed. 17th June, 10 ( A.V.NIRGUDE,J. ) srm/