1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Second Appeal No. 8/2010 (Jeejabai Atmaram Dharmale VERSUS Shobha Pralhadrao Kolhatkar & others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri J.J. Chandurkar, counsel for the appellant. CORAM : SMT. VASANTI A. NAIK, J. DATE : AUGUST 30, 2010 . Heard. It appears that a suit was filed by the present appellant against the defendant for grant of mandatory injunction directing the defendants that they should not use the boundary “AB”, which belongs to the plaintiff. The original defendant died during the pendency of the proceedings and his legal heirs were brought on record. It further appears that there was some delay in filing this second appeal and, hence, an application for condonation of delay in filing the second appeal was filed by the appellant. The respondent nos.1 and 5, the two legal heirs of the original defendant could not be served and the application for condonation of delay was dismissed against the respondent nos.1 and 5. Since the other respondents are the other legal heirs of the 2 original defendant and the appeal is not maintainable against the respondent nos.1 and 5, as the application for condonation of delay is dismissed against them, this appeal would be liable to be dismissed against the other respondents also as they are the legal heirs of the original defendant and also because the judgment has attained finality as regards the respondent nos.1 and 5. Hence, for the aforesaid reasons, the second appeal is dismissed with no order as to costs. JUDGE APTE