1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CA NO.12013 OF 2009 IN FAST NO.20245/2007 (Oriental Insurance Co. Ltd., Vs. Himmatrao Daulat Wagh and others) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. Dhananjay Deshpande, Adv., for the applicant. Mr. S.S.Patil, Adv., for respondent nos. 1 to 3. ... CORAM: K.U.CHANDIWAL, J. DATE: 4/1/2010 P.C.:- 1. Heard Mr.Deshpande, Counsel appearing for the appellant Oriental Insurance Company. There is delay of 172 days in filing the application for setting aside dismissal of the appeal, pursuant to the conditional order dt.28.4.2009. The mistake on the part of the appellant is not to take steps for respondent no.6, however, the entire appeal came to be dismissed. Considering the situation, the delay of 172 days in causing to file the Civil Application (Stamp) is condoned. 2 The appeal is restored as against respondent nos. 1 to 5 and is dismissed as against respondent no.6 only. Counsel for original claimant waives service. Mr.Gatne, Counsel, waives service for respondent no.5. 2. Application allowed. The appeal is to be finally heard at admission stage on 9th March, 2010. Call for R & P. 3. Counsel for the claimants makes a statement not to prosecute execution proceedings till decision of the appeal. (K.U.CHANDIWAL) JUDGE ... agp/ca12013-09