26cas217-10.sxw 1 spb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 217 OF 2010 IN SECOND APPEAL (st.) NO. 16551 OF 2009 Shri Sanjay G. Bhaskar ....Applicant. Vs. Shri Ganpati L. Bhaskar & Ors. .... Respondents. --- Mr. N.V. Bandiwadekar for the Applicant. Mr. A.M. Adagule for the Respondents 3A to 3G. --- CORAM:- G.S. GODBOLE, J. DATED :- 10TH OCTOBER, 2011. P.C. : 1 Perused the praecipe dated 27th September, 2011. Sanjay Bhaskar was the original Plaintiff in Regular Civil Suit No.1185 of 1994 which was the suit filed mainly against Defendant No.3 for declaration and possession. Defendant Nos. 1 and 2 were father and uncle of the Plaintiff and suit proceeded exparte against the Defendants. No W.S. was filed by them. The Trial Court dismissed the suit on 14.11.1995. Civil Appeal No. 90/1996 was filed and the Respondent Nos. 1 and 2 therein were absent and subsequently, their heirs were brought on record as they died during the 26cas217-10.sxw 2 pendency of that Appeal. It is therefore clear that Respondent Nos.1(b), 2(d) and 2(f) are not necessary parties and hence, at the request of the Advocate for the Applicant/Appellant they are allowed to be deleted. Amendment to be carried out forthwith in the Court in the title of this C.A. as also in the title of the Second Appeal. 2 I have heard the learned counsel for on the question of condonation of delay. Accepting the explanation given in paragraphs 3 and 4, the delay is condoned. Second Appeal to be numbered and listed for admission as per CMIS. [G. S. GODBOLE, J.]