-: 1 :- HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2609 OF 2008 IN CIVIL APPLICATION NO. 7390 OF 1997 IN WRIT PETITION NO. 808 OF 1983 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions & Registrar’s orders. Court’s or Judge’s orders. Mr. S. G. Karandikar for the Applicants. Coram : R. V. MORE, J. Date : March 25, 2010. P. C. : 1. Heard Mr. Karndikar, learned counsel for the applicants. None appears for the respondents despite service. An affidavit of service is also filed. Civil application is taken out for restoration of Civil Application No. 7390 of 1997 by condoning the delay of 7 years. In paragraph no. 2 the applicants have explained delay. I find explanation is satisfactory and delay deserves to be condoned in the interest of justice taking a lenient view. The averments in the applications also have not been denied by the respondents either by appearing before this Court or by filing reply. Therefore, the averments are deemed to have accepted by them. In above circumstances, civil application is allowed in terms of prayer clauses (b), (c) & (d). (R.V. MORE, J.) -: 2 :- HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2610 OF 2008 IN CIVIL APPLICATION NO. 7390 OF 1997 IN WRIT PETITION NO. 808 OF 1983 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions & Registrar’s orders. Court’s or Judge’s orders. Mr. S. G. Karandikar for the Applicants. Coram : R. V. MORE, J. Date : March 25, 2010. P. C. : 1. Heard Mr. Karndikar, learned counsel for the applicants. None appears for the respondents despite service. An affidavit of service is also filed. Civil application is taken out for bringing the legal heirs and legal representatives of deceased respondent no.2 on record of Civil Application No. 7390 of 1997 as well as Writ Petition No. 808 of 1983 by condoning the delay of 3 years. Having gone through the contents of application, I find that the delay has been properly explained. The respondents are served. Despite service, the respondents have neither appeared before this Court nor filed any reply. In that view of the matter, the averments made in the application are deemed to have been accepted by them. In the circumstances, civil application is allowed in terms of prayer clauses (b) & (c). (R.V. MORE, J.) -: 3 :- HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2611 OF 2008 IN CIVIL APPLICATION NO. 7390 OF 1997 IN WRIT PETITION NO. 808 OF 1983 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions & Registrar’s orders. Court’s or Judge’s orders. Mr. S. G. Karandikar for the Applicants. Coram : R. V. MORE, J. Date : March 25, 2010. P. C. : 1. Heard Mr. Karndikar, learned counsel for the applicants. None appears for the respondents despite service. An affidavit of service is also filed. Civil application is taken out for bringing the legal heirs and legal representatives of deceased respondent no.3 on record of Civil Application No. 7390 of 1997 as well as Writ Petition No. 808 of 1983 by condoning the delay of 10 years. Having gone through the contents of application, I find that the delay has been properly explained. The respondents are served. Despite service, the respondents have neither appeared before this Court nor filed any reply. In that view of the matter, the averments made in the application are deemed to have been accepted by them. In the circumstances, civil application is allowed in terms of prayer clauses (b) & (c). (R.V. MORE, J.)