1 cas191 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.191 OF 2003 IN SECOND APPEAL ST.NO.46416 OF 2002 Vasant Haribhau Sonavne ...Applicant vs. Kausalyabai Gangaram Sonavne & Ors ...Respondents Mr.Pravartak Pathak i/b Mr.Uday Warunjikar for the applicant Ms Seema Sarnaik for the respondent no.1 CORAM : A.S.OKA,J. DATE : NOVEMBER 14, 2011 P.C.: 1 Heard learned counsel for the applicant and the learned counsel for the respondent no.1. This application is for condonation of delay of 152 days. The application is opposed by the first respondent by filing a reply in which it is contended that the delay is of more than 152 days. Moreover, it is pointed out that the second respondent has died. Affidavit was filed on 20th September 2003. On 22 nd September 2011 and 29 th September 2011, time was granted to the applicant to take appropriate steps. Today, the Advocate for the applicant seeks time. Time cannot be granted as more than sufficient opportunity has been granted to the applicant to take appropriate steps. 2 This application already stands abated as against the second respondent. Sufficient cause is 2 cas191 made out for condonation of delay. Rule is made absolute in terms of prayer clause (a). 3 However, it is clarified that Second Appeal also stands abated as against the second respondent. The effect of abatement of the Appeal as against the second respondent on the question of maintainability of Appeal will be considered at the stage of admission of the Appeal. JUDGE