1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 4044 OF 2009 IN SECOND APPEAL NO. 786 OF 2004 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders 1. Heard Adv. Shri S.S. Badve for the applicant and Adv. Shri M.P. Kale for the respondents. The legal representatives of respondent No.4 are duly served. It appears that respondent Nos. 1A, 3 & 4 have died. Respondent No. 4 was heir of respondent No.3 and this is an application for bringing legal representatives of respondent No.4 on record. It is also said that respondent No. 1B is legal representative of respondent No. 1A. It is stated in the application that only after letter received from the advocate, the applicant learnt about the death. It is also said that the applicant was away from village for 2 doing labour work and he was not aware of the death. This is Second Appeal which is yet to be admitted. In view of the reasons given, this application is allowed. Respondent Nos. 1A & 2 be marked dead. The delay is condoned in respect of respondent No.4. Abatement is set aside. The legal representatives of respondent No.4 be brought on record. The applicant to pay costs of Rs. 750/- to the advocate for the respondents. The application is accordingly disposed of. Date: 22.06.2009 [P.R. BORKAR,J.] snk/2009/JUN09/ca4044.09