( 1 ) FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE, BENCH AT AURANGABAD. Civil Application No. 3258 of 2008 (In First Appeal Stamp No. 3992 of 2008) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders .............................................................................. Mr. A.K. Gawali, Advocate, for the applicant. Mr. V.S. Bedre, Advocate, for respondent no.1. Mr. N.C. Garud, Advocate, for respondent no.2 Mr. N.V. Gaware, Advocate, for respondent no.3. .............................................................................. CORAM : K.U. CHANDIWAL, J. DATE : 4TH MAY 2010 1. Heard both sides. 2. There is delay of 34 days in filing the First Appeal. The delay is not deliberate and sufficiently explained. 3. The Civil Application is allowed. Delay is condoned. Office to register the First Appeal. ( 2 ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders 4. Mr. N.C. Garud, learned Counsel appearing for respondent no.2 informs that respondent no.2 is no more and appellant may take steps. Mr. A.K. Gawali, learned Counsel appearing for the applicant / appellant, submits, respondent no.2 was a formal party and a brother of the appellant, hence his legal representatives need not be brought on record. 5. Mr. A.K. Gawali, learned Counsel appearing for the applicant, has a grievance, his client has parted with cash consideration in favour of respondent no. 1, Noor Mohd. Mr. V.S. Bedre, learned Counsel appearing for respondent no.1, is unaware of the development. Both side shall ensure to call respective parties in the court and, if possible, make statement to the effect indicated by Mr. A.K. Gawali, learned Counsel appearing for the applicant / appellant, or otherwise. ( 3 ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders 6. Stand over to 17th June 2010, in the First Appeal. ( K.U. CHANDIWAL ) JUDGE bgp/ca3258