1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION(S) NO. 129, 130, 131 & 132 ALL OF 2011 IN SECOND APPEAL NO. 95 /2011 (Smt. Joharabegum wd/o Mohd. Ayyub Sheikh vs. Abdul Hamid s/o Abdul Gafoor Sheikh and one another ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr A.S.Chandurkar, Advocate for appellants Mr.Mule, Adv. for Respondents CORAM : A.B.CHAUDHARI,J. DATED : 7th September,2011. CIVIL APPICATION (S) NO. 132/2011 This is an application filed under Order 22 Rule 3 of the CPC for bringing the legal heirs on record. In support of the submission for bringing the Legal representatives on record, Shri A.S. Chandurkar relied on the decision of the Supreme Court in the case of N Jayaram Reddi and another vs. The Revenue Divisional Officer and LAO Kurnool reported in AIR 1979 SC 1393. Per contra, Mr. Mule, learned counsel for the respondents opposed the application and argued that LRs were not brought on record before the lower Appellate Court though the other appeal was pending and was very much within the knowledge of the appellants. He then submits that the judgment 2 and decree cannot be said to be common in strict sense. Having heard the learned counsel for the rival parties I find that though stricto sensu the impugned judgment and decree may not be common, the fact remains that the issue between the parties are in relation to the same subject -matter and not only that though the judgments were delivered separately, in substance the same can be called common. In that view of the matter in the light of the judgment cited supra, I am inclined to allow the application. Civil Application is allowed and disposed of. Amendment be carried out within a period of two weeks. CIVIL APPLICATION(s) NO. 129 /2011 The instant Civil Application has been filed under Section 5 of the Limitation Act for condonation of delay in setting aside the abatement of appeal. For the reasons stated in the application, Civil Application is allowed in terms of its prayer and disposed of. CIVIL APPLICATION (s) NO. 130/2011: The instant Civil Application has been filed under Order 22 Rule 4 of the Civil Procedure Code for setting aside abatement of the Appeal. For the reasons stated in the application, Civil Application is allowed in terms of its prayer and disposed of. 3 CIVIL APPLICATION (S) NO. 131/2011 For the reasons stated in the application, delay condoned. Civil Application is allowed in terms of its prayer and disposed of. JUDGE sahare