ash 1 caf-4069.08 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4069 OF 2008 IN FIRST APPEAL ST.NO.17929 OF 2008 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri C.M. Lokesh i/by Shri G.S. Hegde & Associates for the Applicant. Shri S.G. Thorat for Respondent Nos.1 and 2. ­­ CORAM : A.S.OKA, J. DATE : 28TH SEPTEMBER, 2011 P.C.: . Heard learned counsel appearing for the Applicant and the learned counsel appearing for the Respondent Nos.1 and 2. Learned counsel appearing for the Respondent Nos.1 and 2 pointed out that the second opponent in the claim petition has not been impleaded as party in this application as well as in the Appeal. 2. Delay of 135 days has been explained. Sufficient cause is made out. Delay is condoned. Rule is made absolute in terms of prayer clause (a) 3. The effect of failure to implead Opponent No.2 as a party to the Appeal shall be considered at the time of consideration of the Appeal. (A.S.OKA, J)