1 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CA NO.1679/2010; 1680/2010; 1800/2007; 2368/2007; 10/1999 in SECOND APPEAL NO. 170/1991. ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- CORAM : K.U.CHANDIWAL, J. DATE : 6 th April, 2010. ... 1) Heard Mr.Kudale for the applicants/heirs of original respondent no.1. 2) The Second Appeal No.170/1991 is disposed of on 15th April, 2009. CA No. 2368/2007 was indeed pending. It remained pending and the appeal, as above, came to be disposed of. A Certified copy of the order in the Second Appeal revealed that the legal representatives of deceased Asaram are not brought on record in the Second Appeal though there was an application pending. This has added to miserable situation for the litigants. 3) Considering the mistake that has occasioned, which was within the 2 knowledge of the applicants herein, though there is delay in making such request to correct the record, I find the delay of 262 days needs to be condoned. CA No.1679/2010 disposed of as above. 4) By CA No.1680/2010, identical request is made. 5) As Asaram expired on 27.1.1996, Civil Applications were moved. The applicants are legal representatives of Respondent no.1 – Asaram. Inadvertently, Smt.Gangabai and Smt. Lankabai are shown to be legal representatives of Asaram in the title clause of the Judgment as well as in the decree of Second Appeal No. 170/1991, same need correction. Gangabai or Lankabai are not legal representatives of deceased Asaram, as could be seen in the Compromise Decree in RCS No.113/1996 and it is the present applicants and one Nivrutti Washimbe are the legal representatives of Asaram. 6) In the situation, CA No.2368/2007 filed 3 by the present applicant and Nivratti Washime, needs to be allowed along with present CA No.1680/2010. In the light of above, CA No.1800/2007 dismissed. Necessary corrections in the Judgment and Decree in Second Appeal No.170/1991 be carried in respect of the names of legal representatives of deceased Asaram. Names, as shown in the cause title of CA No.1680/2010 needs to be substituted and corrected. CA Nos. 1680/2010; 10/1999 & 2368/2007 disposed of as above. (K.U.CHANDIWAL) JUDGE bdv/ca1679.10