1 caf3680 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3680 OF 2005 IN FIRST APPEAL NO. 1486 OF 2005 WITH C.A. NO. 3681/2005 IN FA 1487/2005 C.A. NO. 3682/2005 IN FA 1488/2005 C.A. NO. 3683/2005 IN FA 1489/2005 C.A. NO. 3684/2005 IN FA 1490/2005 C.A. NO. 3685/2005 IN FA 1491/2005 C.A. NO. 3686/2005 IN FA 1492/2005 C.A. NO. 3687/2005 IN FA 1493/2005 C.A. NO. 3688/2005 IN FA 1494/2005 C.A. NO. 3689/2005 IN FA 1495/2005 C.A. NO. 3690/2005 IN FA 1496/2005 The State of Maharashtra & Anr. ... ... Applicants. Versus Bhiku Genu Pavgi & Ors.,etc.etc. ... ... Respondents. Mrs. Geeta Mulekar, AGP for the Applicants. Mr. G. K. Maaurya i/by Mrs. P. H. Potnis for the Respondents. CORAM : A. M. KHANWILKAR and A. A. SAYED, JJ. DATED : 10TH AUGUST, 2010. P. C. : All these applications are allowed. Interim relief as prayed for is granted considering the fact that the appellants have already deposited 2 caf3680 decretal amount in the trial Court. We are informed that the respondents claimants have already withdrawn the said amount. In the circumstances, the applications succeed on the above terms. 2. We, however, make it clear that the respondents shall keep the bank guarantee furnished in lieu of withdrawal of the decretal amount alive till the disposal of the appeals. The respondents assure to do so through Counsel. That assurance is accepted. 3. All the civil applications stand disposed of. Sd/- Sd/- (A. A. SAYED, J.) (A. M. KHANWILKAR, J.) 3 caf3680 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2841 OF 2010 IN FIRST APPEAL NO. 1489 OF 2005 The State of Maharashtra & Anr. ... ... Applicants. Versus Shripati Kushaba Pavati & Ors. ... ... Respondents. WITH CIVIL APPLICATION NO. 2842 OF 2010 IN FIRST APPEAL NO. 1493 OF 2005 The State of Maharashtra & Anr. ... ... Applicants. Versus Ganpat Bairu Pawar & Ors. ... ... Respondents. Mrs. Geeta Mulekar, AGP for the Applicants. Mr. G. K. Maaurya i/by Mrs. P. H. Potnis for the Respondents. CORAM : A. M. KHANWILKAR and A. A. SAYED, JJ. DATED : 10TH AUGUST, 2010. P. C. : There is delay in filing of the above applications. We propose to issue notice to the respondents. However, learned Counsel appearing for the respondents submits that he has instructions to waive notice on behalf 4 caf3680 of the heirs of the deceased respondents. Accordingly, we proceed to hear these applications. 2. In our opinion, the delay in filing of these applications is unintentional and sufficient explanation has been offered for such delay. In the circumstances, the same is condoned. Abatement of appeals is set aside. Applications are allowed on the above terms. 3. Amendments be carried out forthwith. 4. The civil applications stand disposed of. Sd/- Sd/- (A. A. SAYED, J.) (A. M. KHANWILKAR, J.) 5 caf3680 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1486 OF 2005 WITH IN FA 1487/2005 IN FA 1488/2005 IN FA 1489/2005 IN FA 1490/2005 IN FA 1491/2005 IN FA 1492/2005 IN FA 1493/2005 IN FA 1494/2005 IN FA 1495/2005 IN FA 1496/2005 The State of Maharashtra & Anr. ... ... Applicants. Versus Bhiku Genu Pavgi & Ors.,etc.etc. ... ... Respondents. Mrs. Geeta Mulekar, AGP for the Applicants. Mr. G. K. Maaurya i/by Mrs. P. H. Potnis for the Respondents. CORAM : A. M. KHANWILKAR and A. A. SAYED, JJ. DATED : 10TH AUGUST, 2010. P. C. : The requirement of printing of paper-book is dispensed with. The appellants pray to file common paper book in all these appeals and connected matters. The prayer granted on condition that the 6 caf3680 Appellants shall file Additional paper-book consisting of all the relevant pleadings, evidence and documents which were before the Lower Court and are likely to be relied upon by either side during the arguments. The documents to be filed shall be supported by affidavit to the effect that the same were the part of record before the lower court. That be done within twelve weeks from today, failing which the appeal shall stand dismissed for non-prosecution without further reference to the Court. As soon as the paper-book is filed, the Appeal be proceeded, provided, there is no other office objection, and it be included in the final hearing list as per its turn. Filing of roznama is dispensed with as the same will be available in the original record at the time of hearing. 2. Learned Counsel for the respondents claimants submits that some of the parties to the appeals are senior citizens, for which hearing of appeal be expedited. We accordingly direct the office to process all these appeals under category “Senior Citizen” as per its turn subject to removal of all office objections and filing of private paper book as aforesaid. Sd/- Sd/- (A. A. SAYED, J.) (A. M. KHANWILKAR, J.)