1 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CA NO.3754/2010 IN CA ST.NO.7028/2010 IN SA NO.74/1995. ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.TM Venjane, Adv. for applicant; Mr.SS Halkude, Adv. for Resp.No.3. ___ CORAM : K.U.CHANDIWAL, J. DATE : 18 th March, 2010. ... 1) Heard learned Counsel for the appellant and respondent extensively. 2) Status of Shivaji s/o Pandurang Mukadam was under cloud. Muktabai w/o Ranga (Ranba) Digrase expired on 31st January, 1999. It was asserted, she has left no legal representative, however, the challenge to the Adoption-deed was upheld up to the Apex court as the SLP is dismissed on 11.09.2009. The appellant herein now under the law has to accept that Shivaji s/o Pandurang Mukadam is the adopted son of Muktabai. Muktabai w/o Ranga (Ranba) is no more. There is delay of 3600 days in causing to file application to bring legal representatives on record. 3) Considering the above exercise of legal battle, delay in taking recourse is certainly not deliberate, the appellant 2 was justifiably waiting for the fruits of the SLP seeking to challenge the orders in Second Appeal No.25/2008. 4) In the above scenario, delay is condoned, abatement set aside. The name of legal representative of Muktabai w/o Ranba (Ranga) Digrase, i.e. Shivaji s/o Pandurang Mukadam be brought on record within fourteen days from today. 5) Mr.Halkude waives service for the proposed legal representative – Shivaji s/o Pandurang Mukadam in the appeal. 6) CA allowed as above on costs of Rs. 1,000(Rupees one thousand) to be paid by the appellant. (K.U.CHANDIWAL) JUDGE bdv/ca3754.10