spb/ 1 ca3845-04 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL APPLICATION NO. 3845 OF 2004 IN FIRST APPEAL NO. 1095 OF 1997 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr.S.N.Deshapande for the Applicant. Mr. Sangramsing Yadav for Respondent No.2. --- CORAM : D.G. KARNIK, J. DATE : 22nd FEBRUARY, 2011 P.C.:- Heard both the sides. This application is for condonation of delay and setting aside abatement of an appeal and for bringing heirs of the deceased appellant on record. For the reasons mentioned in the application and in view of the decision of the Supreme Court in Mithailal Dalsanagar Singh vs. Annabai Devram Kini, 2003 (4) Mh. L.J. 721, the delay is condoned. Abatement is set aside and the application is allowed in terms of prayer clauses (a), (a-i), (b) & (c). Amendment shall be carried out by the applicant/ appellant within two weeks. (D.G. KARNIK, J.)