(1) CA. 2062.2008 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 2062 OF 2008 IN SECOND APPEAL NO. 127 OF 1998 Sumanbai w/o Udhavrao More .. Applicant VERSUS Godavaribai w/o Balbhimrao Patil died through LRs. And ors. .. Respondents WITH CIVIL APPLICATION NO. 2061 OF 2008 IN SECOND APPEAL NO. 127 OF 1998 Sumanbai w/o Udhavrao More .. Applicant VERSUS Godavaribai w/o Balbhimrao Patil died through LRs. And ors. .. Respondents WITH CIVIL APPLICATION NO. 2063 OF 2008 IN SECOND APPEAL NO. 127 OF 1998 Sumanbai w/o Udhavrao More .. Applicant VERSUS Godavaribai w/o Balbhimrao Patil died through LRs. And ors. .. Respondents WITH CIVIL APPLICATION NO. 2064 OF 2008 IN SECOND APPEAL NO. 127 OF 1998 Sumanbai w/o Udhavrao More .. Applicant VERSUS Godavaribai w/o Balbhimrao Patil died through LRs. And ors. .. Respondents (2) CA. 2062.2008 Advocate for the applicants: Mr. Aashish Jadhavar, Advocate h/f. Mr. N.P. Patil (Jamalpurkar),Advocate for the applicants in all CA. Advocate for the respondents: Mr. A.P. Yengure, Advocate for respondent nos. 3A and 3B (in CA 2062.2008; CA 2064.2008) C.A. abated against Resp. 1 to 3 and 4(i) in all the Civil Applications vide Registrar’s order dt. 29.11.2006 None present for respondent no. 1(a) though served in C.A. 2061.2008 and C.A. 2064.2008 CORAM : A.V. NIRGUDE, J. DATED : 22ND SEPTEMBER, 2009 P.C.:- 1] Civil Application no. 2063 of 2008 seeks setting aside of the order dated 23.11.2006 passed by the learned Registrar (Judicial) announcing abatement of this appeal. The abatement took place because the appellant did not take steps within time after it was reported to the Court that the respondent nos.1 and 2 died during the pendency of the appeal. Rather belatedly, Civil application no. 2063 of 2008 is moved for setting aside abatement of the appeal and Civil Application no. 2064 of 2008 is moved for bringing the LRs. of the respondent nos. 1 to 3 who died during the pendency of the appeal. The LRs. of respondent no.3 are before the Court but they have not opposed the application by filing any (3) CA. 2062.2008 affidavit in reply. The only the LR. of the respondent no.1 though served, is absent. 2] Having regard to the circumstances, it is clear that the abatement took place mainly because of negligence on the part of the appellant’s Advocate. The appellant cannot be made to suffer due to his lawyer’s negligence. Civil Application no. 2063 of 2008 and Civil Application no. 2064 of 2008 deserve to be allowed. The Civil Applications are allowed as prayed for. Legal Representatives of respondent no. 1 and 3 are brought on record. 3] Civil Application no. 2061 of 2008 and Civil Application no. 2062 of 2008, both seeking condonation of delay are also allowed. 4] Place Second Appeal no. 127 of 1998 on Board for admission on 12.10.2009. Sd/- (A.V. NIRGUDE, J.) arp