1 CA NO.10733/2010 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CA NOS.10733/2010; 17510/2010; 10525/2005;7646/2006; in FIRST APPEAL NO.823/2005.. ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.AP Bhandari, Adv. for applicant in CA 7646/2006 Mr.Amol Gandhi, Adv. for applicant in CA 10733/2010 Mr.PV Mandlik, Adv. for Resp.Nos. 1 to 4. *** CORAM : K.U.CHANDIWAL ,J. DATE : 14 th DECEMBER, 2010. ... 1) Heard. 2) CA No. 7646/2006 is moved for bringing the legal representatives of Kashinath, expired on 19th April, 2006, on record. Death Certificate is enclosed. Legal representatives of deceased Kashinath are indicated in the cause title. CA allowed. Necessary amendment be carried out within a week from today. 3) CA No.10733/2010 is moved for condonation of delay caused in filing CA for bringing Legal representatives of Resp.Nos.2 and 3 on record. 4) Heard Mr.Gandhi and Mr. Bhandari for respective parties. 5) There is inordinate delay of 1742 days in the exercise, however, appropriately 2 CA NO.10733/2010 explained in para no.3 of the application. Presence of the legal representatives in the matter of possession is imperative as in future, it would create complications for even the respondent no.1, owner of the property. Consequently, delay is condoned, subject to payment of costs of Rs.2,000/-. Application allowed. Names of legal representatives of respondent nos. 2 and 3 be brought on record within fourteen days from today. 6) Learned Counsel for the appellant to ensure service upon the newly added respondents without any demur of delay. 7) Simultaneous service by Regd. post AD, after the amendment, within three days thereafter, to be effectively done, failure would result in adverse consequences of the present appeal. 8) Issue fresh notice to Respondent No.4/2, as prayed in CA No.10733/2010. 9) If the appellant protracts the proceedings, it is certain the protection of possession in favour of the appellant could be vacated. 10)CA No.17510/2010 moved by Mr.Bhandari for vacating interim relief is disposed of. (K.U.CHANDIWAL) JUDGE bdv/