skc 30-CAF-5064-11-.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 5064 OF 2011 IN CIVIL APPLICATION NO. 2018 OF 2011 IN CIVIL APPLICATION NO. 1289 OF 2008 IN FIRST APPEAL (STAMP) NO. 30660 OF 2002 (R. C. 1171 OF 2007) The State of Maharashtra .. Applicant vs. Hari Laxman Ambekar (since deceased through his LRs. Smt. Taramati H. Ambekar & Ors. .. Respondents Mr. A. A. Palkar - AGP for Applicant / Appellant. CORAM : M. S. SONAK, J. DATE: 16 JANUARY 2017 P.C : 1] Mr. Palkar, learned AGP makes a statement that all the respondents to the civil applications have been served. 2] Civil application no. 5064 of 2011 seeks restoration of civil application no. 2018 of 2011 for bringing legal heirs of deceased respondent no. 2 on record. Simultaneously, civil application no. 1289 of 2008 seeks restoration of civil application no. 4754 of 2006 for condonation of delay of 119 days in instituting the first appeal. 1/2 skc 30-CAF-5064-11-.doc 3] Despite service, none of the respondents are present. From the averments in the application, it appears that the steps were taken by the applicant to pursue the matter though, not with expected diligence. Accordingly, civil application no. 5064 of 2011 is allowed conditionally and civil application no. 2018 of 2011 is restored. Similarly civil application no. 1289 of 2008 is also allowed conditionally and civil application no. 4754 of 2006 seeking condonation of delay is restored. Further, the legal representatives of deceased respondent no. 2 are permitted to be brought on record and the delay of 119 days in instituting the appeal is also condoned. There is sufficient explanation for instituting the appeal beyond the prescribed period of limitation by 119 days. However, as noted earlier, the applications are allowed only conditionally. The condition shall be that the State pays to the respondents costs which are quantified at Rs.10,000/-. Such costs to be deposited in this Court within a period of four weeks from today. Upon depositing such costs, the respondents shall be at liberty to withdraw the same unconditionally. (M. S. SONAK, J.) Chandka 2/2