3 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Civil Application No. 5589 of 2009 With Civil Application No. 5590 of 2009 In Second Appeal No.234 of 1999 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders 1. Learned Advocate Shri S.P.Shah for applicants states that Respondent Nos. 3-D and 3-E were minor and were under guardianship of Respondent No. 1 Gamirkha. Since address of Respondent No. 1 Gamirkhan was not known, service could not be effected on the guardian of Respondent Nos. 3D and 3D. As a result, appeal is dismissed against them. 2. However, now the appellants know the addresses of Respondent No. 3D and 3E who are major. Considering the facts narrated, in my opinion, though there is delay in making applications, 3 in the interest of justice and since it is a suit for partition and addresses of Respondent Nos. 3D and 3E are now known, both the applications are allowed. The order of dismissal of appeal against Respondent Nos.3D and 3E is recalled. Delay in making any such application is condoned. Appeal stands restored to file as against Respondent Nos. 3-D and 3-E. Both the Respondents are shown to have attained majority. Their addresses as shown in civil application No. 5590 of 2009 be shown in the appeal memo and fresh notices be issued to them,as they are now major. 3. Both the applications are accordingly allowed and disposed of. Date: 12.06.2009 (P.R.BORKAR, J.) pnd/ca5589.09 3