1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3169 OF 2009 IN CROSS OBJECTION STAMP NO. 22081 OF 2008 IN FIRST APPEAL NO. 341 OF 2006 WITH CIVIL APPLICATION NO. 3170 OF 2009 IN CROSS OBJECTION STAMP NO. 22091 OF 2008 WITH CIVIL APPLICATION NO. 3171 OF 2009 IN CROSS OBJECTION STAMP NO. 22104 OF 2008 WITH CIVIL APPLICATION NO. 3172 OF 2009 IN CROSS OBJECTION STAMP NO. 22114 OF 2008 WITH CIVIL APPLICATION NO. 3173 OF 2009 IN CROSS OBJECTION STAMP NO. 22058 OF 2008 WITH CIVIL APPLICATION NO. 3174 OF 2009 IN CROSS OBJECTION STAMP NO. 22065 OF 2008 WITH CIVIL APPLICATION NO. 3175 OF 2009 IN CROSS OBJECTION STAMP NO. 22075 OF 2008 WITH CIVIL APPLICATION NO. 3176 OF 2009 IN CROSS OBJECTION STAMP NO. 22071 OF 2008 WITH CIVIL APPLICATION NO. 4615 OF 2009 IN FIRST APPEAL NO. 341 OF 2006 WITH CIVIL APPLICATION NO. 4616 OF 2009 IN 2 FIRST APPEAL NO. 342 OF 2006 WITH CIVIL APPLICATION NO. 4617 OF 2009 IN FIRST APPEAL NO. 343 OF 2006 WITH CIVIL APPLICATION NO. 4618 OF 2009 IN FIRST APPEAL NO. 344 OF 2006 WITH CIVIL APPLICATION NO. 4619 OF 2009 IN FIRST APPEAL NO. 345 OF 2006 WITH CIVIL APPLICATION NO. 4620 OF 2009 IN FIRST APPEAL NO. 346 OF 2006 WITH CIVIL APPLICATION NO. 4621 OF 2009 IN FIRST APPEAL NO. 347 OF 2006 WITH CIVIL APPLICATION NO. 4622 OF 2009 IN FIRST APPEAL NO. 348 OF 2006 Office Notes, Office Memoranda of Coram, appearances, Court’s Orders or directions and Registrar’s orders. Court’s or Judge’s Orders Mrs. S. V. Sonawane – AGP for State for for Appellants in First Appeals. Mr. Sameer Singh i/b. Mr. Rajiv Patil for Respondents in First Appeals. CORAM : S. A. BOBDE & S. J. KATHAWALLA, JJ. DATED : DECEMBER 16 , 2009. P.C. : 1. The learned AGP for the State submits that the statement of the 3 respondents that no notices were received is misleading because the respondents were represented by an Advocate before the Court when the matters were admitted. The learned counsel for the applicants / original respondents further submits that there has been change in Trustees, which is not disputed by the learned AGP and the statement made in the applications as to the effect that the notices were not received by the respondents is correct because the present trustee did not receive the notices. The court record also showed that the respondents are also unserved. 2. Having regard to the possibility of the respondents having had no knowledge, we consider it appropriate to condone the delay in filing the cross objections in the above first appeals subject to payment of costs in the sum of 4 Rs.500/- in each civil application. Civil Application Nos. 3169, 3170, 3171, 3172, 3173, 3174, 3175 and 3176 all of 2009 for condonation of delay in filing the cross objections are allowed accordingly. 3. By consent, Civil Applications Nos. 4615, 4616, 4617, 4618, 4619, 4620, 4621 and 4622 of 2009 filed by the State for bringing the new trustee on record, are allowed. 4. Amendments to be carried out within a period of four weeks from today. sd/- (S.A. BOBDE, J.) sd/- ( S. J. KATHAWALLA, J.)