1 929 cas 113.11.doc K IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.113 OF 2011 WITH CIVIL APPLICATION NO. 114 OF 2011 WITH CIVIL APPLICATION NO. 115 OF 2011 WITH CIVIL APPLICATION NO. 116 OF 2011 IN SECOND APPEAL (STAMP) NO. 30291 OF 2006 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr A.B.Tajane for applicants. Mr. Onkar Warange for respondent nos.1A, 1B, 4 and 5. CORAM : K.K.TATED,J. DATE : 18/02/2011. PC: 1 Heard learned counsel for parties. 2 This application is for restoring the appeal against respondent nos. 9 and 10 and for recalling the order dated 19th November, 2010 passed in civil application no. 896 of 2010 in R.C.No.359 of 2007. 3 The learned counsel appearing on behalf of applicant submits that applicant took some time to find out the present 2 929 cas 113.11.doc correct addresses of respondent nos.9 and 10. 4 Considering the submissions made by the learned counsel appearing on behalf of applicant and the averments made in civil application, civil application is allowed in terms of prayer clause (b) which reads as under: “(b) The conditional Order dt. 19/11/2010 in Civil Application 896 of 2010 in R.C. No.359 of 2007 in Second Appeal Stamp No. 30291of 2006 which is annexed as Exh.”A” to the present Application be set aside and the Appeal be restored to its original file against Respondent Nos. 9 and 10 and Applicant be permitted to serve above Respondent No.9 and 10 by hand delivery, R.P.A.D. and Speed Post and fresh Court notice be also issued to the above Respondents on the address mentioned in the cause title of present Civil Application.” 5 Civil Application is disposed of accordingly. CIVIL APPLICATION NO. 114 OF 2011 1 Heard learned counsel for parties. 3 929 cas 113.11.doc 2 This civil application is for bringing legal heirs on record of applicant no.2 Smt. Dwarkabai Baban Bhadale. 3 Learned counsel appearing on behalf of applicant submits that the legal heirs of deceased applicant no.2 are already on record as applicant no.1 and respondent no.8 and 9. 4 Considering the submissions made by the learned counsel appearing on behalf of applicant and the averments made in civil application, civil application is allowed in terms of prayer clauses (a) and (b) which read as under: “(a) The delay in filing the present Application be condoned and the abatement if any against Smt.Dwarkabai Baban Bhadale be set aside. (b) The applicant be permitted to substitute the Lrs of deceased Applicant No.2 Smt.Dwarkabai Baban Bhadale as shown in the title of present Civil Application and the applicant be permitted to carry out the amendment accordingly.” 5 Civil Application is disposed of accordingly. 4 929 cas 113.11.doc CIVIL APPLICATION NO. 115 OF 2011 1 Heard learned counsel for parties. 2 This civil application is for bringing legal heirs on record of deceased respondent no.7 Smt. Chandrabhaga Raghuji Bhadale. 3 Issue notice to the legal heirs of deceased respondent no.7, returnable on 10.06.2011. CIVIL APPLICATION NO. 116 OF 2011 1 Heard learned counsel for parties. 2 This civil application is for bringing legal heirs on record of deceased respondent no.3 Parvati Bajirao Lokhande. 3 Issue notice to the legal heirs of deceased respondent no.3, returnable on 10.06.2011. (K.K.TATED,J.)