1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVI APPLICATION NO. 4033/1997 IN FIRST APPEAL NO. 3413/1996 Mr. S.N. Kendre, A.G.P. for applicant.. CORAM : A.V. NIRGUDE, J. Date : 7th July, 2010 PER COURT : 1. This application seeking condonation of delay caused in filing of First Appeal is pending since more than nine years. During pendency of this application, the original respondents No.1 and 2 both died. On record, now there are 13 legal representatives of the original respondents No.1 and 2. Out of them, except three, all are served. Mr. N.K. Kakde, Advocate has filed Vakalatnama for respondents No. 2.1 to 2.4. Despite service of notice on other respondents, other legal representatives of respondents No.1 and 2, they have not caused their appearance to oppose this application. Having regard to the long pendency of the application and failure of most of the served legal representatives of the respondents to oppose the application, I am of the view that remaining unserved respondents should not be pursued for the purpose of deciding this application. Shri Kakde who appears for respondents No.2.1 to 2.4, despite of his appearance, has not filed any reply to oppose the application. 2. The application seeks condonation of 1727 days. Having regard to the contents of the application, the application deserves to be allowed. The delay stands condoned. The appeal be 2 registered. The appeal be fixed for admission. There shall be no further notices to the respondents till the appeal is admitted. 3. Stand over to 21st July, 2010. 4. Heard on admission. 5. The appellant shall verify whether the appeal is filed against the judgment and award in L.A.R. No. 242/1986 which was decided by the II Jt. Civil Judge, (S.D.), Ahmednagar. This information shall be given to the Court on next date positively. There shall be no adjournment. If the appellant has not challenged the judgment and award in L.A.R. No. 242/1986, this appeal can not be admitted. The Registrar (Judicial) shall search the record and find out as to whether the appeal is filed against the judgment and award in L.A.R. No. 242/1986 decided by II Jt. Civil Judge, (S.D.), Ahmednagar. 6 Authenticated copy of this order duly signed by section officer of this court be supplied to the A.G.P.. [A.V. NIRGUDE, J.] tsk/ca4033.97