1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CIVIL APPLICATION NO. 282 OF 2010 IN S.A. NO.360 OF 2007 Wamanrao Pundlikrao Deshmukh Versus Shankarrao Wamanrao Deshmukh and others _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ Shri S.S. Joshi, Advocate for the appellant CORAM : R.M.SAVANT, J. DATED : 18.02.2011. By the above Civil Application, the applicant/appellant seeks condonation of delay of 330 days in bringing the legal representatives of respondent No.1 on record. The reasons why the delay of 330 days has occasioned, are mentioned in paragraph 3 of the Civil Application. The sum and substance of the reasons is that the applicant/appellant was not aware of the death of respondent No.1 and after being so informed of his death, the applicant/appellant thereafter was not aware of the legal heirs of the said respondent. Some time was, therefore, lost in getting the said information. The applicant/appellant was also not aware of the fact that an application is required to be filed for bringing the legal heirs on record. In the whole process, there has been delay of 330 days. None appears of 2 the heirs of respondent No.1 though served. The Civil Application is, therefore, allowed. Resultantly, the delay of 330 days in filing the application for bringing legal heirs of respondent No.1 on record stands condoned. Civil Application is accordingly disposed of. CIVIL APPLICATION NO. 281 OF 2010. By the above Civil Application, the applicant/appellant seeks to bring the legal heirs of respondent No.1 on record mentioned in paragraph 2 of the application. By an order passed today, the application for condonation of delay in filing the application for bringing legal heirs of respondent No.1 on record has already been allowed. Resultantly, the Civil Application is required to be allowed and is accordingly allowed. The heirs of respondent No.1 are resultantly brought on record. The learned Counsel for the applicant/appellant to carry out amendment in the cause title of the appeal. After the amendment is carried out, issue notice to the legal heirs of respondent No.1, returnable in four weeks. The Civil Application is accordingly disposed of. CIVIL APPLICATION NO. 280 OF 2010. By the above Civil Application, the applicant/appellant prays for setting aside abatement qua respondent No.1. By an order passed today, the heirs of respondent No.1 have been allowed to be brought on record. The above Civil Application is, therefore, required to be 3 allowed and is accordingly allowed. Resultantly, the abatement qua the respondent No.1 is set aside. The Civil Application is accordingly disposed of. SECOND APPEAL NO.360 OF 2007. The learned Counsel for the appellant seeks two weeks time to take steps against the respondents. S.O. to 04-3-2011. JUDGE pma