1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Civil Application O No. 866 of 2010 in Misc. Civil Application St. no. 7091/2010 in Second Appeal 125/2000 Mrs. Mukta w/o Madhukarrao Dakshindas and 4 others. VERSUS Mrs. Suhasini w/o Sudhakarrao Wachasundar and others. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : A.B. CHAUDHARI, J. DATE : 13.6. 2011 . This is a consolidated application for three prayers namely condonation of delay in filing application for setting aside abatement, prayer for setting aside abatement and the last prayer for bringing Lrs. of respondent no. 9 on record. This application has been served and Mr. Ganvir Adv. appears for respondent nos. 9 (1) (,2) & (4). He has no objection for allowing this application with all those prayers contained therein. In view of the above, this application is granted in terms of its prayer clauses 1,2 & 3. Civil application is disposed of. Amendment be carried out within a period of one week from today. Civil Application O No.587/2010 This second appeal no. 125/2000 was dismissed since the paper book was not filed by the appellant. Mr. 2 Madkholkar, the learned counsel and Mr. Ganvir, the learned counsel for the contesting respondent present before me have no objection for allowing this application, particularly because now the paper book has been filed. In my opinion, when the appeal was admitted in the year 2001, it would be in the interest of justice to decide the second appeal on merits rather than allowing its dismissal for the said reason. Hence, delay is condoned and second appeal is restored to file. Misc. Civil Application No. 7091/2010 This application is for restoration of second appeal. Counsel for contesting respondents have no objection for allowing the application for restoration since the appearing counsel are desirous of getting the appeal decided on merits. Misc. Civil Application is allowed. Second appeal be fixed for final hearing in the week commencing from 4th of July, 2011. JUDGE Hirekhan