SSM 1 29.cas.458.10 IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 458 OF 2010 IN SECOND APPEAL NO. 504 OF 1985 WITH CIVIL APPLICATION NO. 1081 OF 2009 IN SECOND APPEAL NO. 504 OF 1985 Kisan Tanaji Nanekar @ Kisan Dagadu Nanekar .... Applicant Versus Babu Dagadu Nanekar and others ....Respondents _____ Mr. Tejesh Dande for the Applicant. Mr. Jaydeep D. Deo for the Respondent No. 2. CORAM: RAJESH. G. KETKAR, J. DATED : MARCH 4, 2011. P.C.: Civil Application No. 458 of 2010 This is an application for bringing heirs and legal representatives of the Respondent No. 1 Babu Dagadu Nanekar, since deceased, on record as also for condonation of delay of 2 years and 119 days in filing the Application. Heard Mr. Tejesh Dande, learned Counsel for the SSM 2 29.cas.458.10 Applicant. Mr. Jaydeep Deo, learned Counsel states that he has instructions to appear on behalf of Respondent No. 1A to 1F, heirs of Respondent No. 1 Babu Dagadu Nanekar. He further states that he will file V.P. on their behalf within two weeks from today. Having regard to the controversy raised in the Second Appeal and for the reasons set out in the application, Civil Application is allowed in terms of prayer clauses (a) (b) and (c) with no order as to costs. Amendment to be carried out within three weeks from today. Civil Application No. 1081 of 2009 This is an application for condonation of delay of 6 years and 262 days in filing this application and for recalling the order dated 7 th August, 2002. Heard Mr. Tejesh Dande, learned Counsel for the Applicant. Having regard to the controversy raised between the parties and having regard to the reasons set out in the application, the Civil Application No. 1080 of 2009 is allowed in terms of prayer SSM 3 29.cas.458.10 clause (a) subject to the Applicant, filing paper book within two weeks from today. It is expressly made clear that in case the Applicant fails to file the paper book within stipulated time, the order dated 7 th August, 2002 shall stand revived and the Second Appeal shall stand dismissed without further reference to the Court. Civil Application No. 1081 of 2009 is allowed in terms of prayer clause (a) with no order as to costs. Delay in filing the Appeal, stand condoned. (RAJESH. G. KETKAR, J.)