1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO.10153 OF 2009 IN CIVIL APPLICATION NO.3959 OF 2006 IN FIRST APPEAL ST.NO.8509 OF 2006 Sakharam Tukaram Thorat and another. Applicants V/s Shivram Savlaram More and others. Respondents ------------------------------------------------------------------------------------------------------- Mr. Ram B. Deshpande, Advocate for Applicants. Mr. K.C. Sant, Advocate for Respondent Nos.1 and 2. ------------------------------------------------------------------------------------------------------ (CORAM : R.K. DESHPANDE, J.) DATE : 1st October, 2009. PER COURT : 1. Heard Shri. Ram B. Deshpande, the learned Counsel appearing for the applicant. This is an application for condonation of 47 days delay caused in filing the civil application No.3959/2006. The application also claims the relief of recalling the order dated 22.04.2009 passed by this Court dismissing the civil application No.3959/2006 as well as the appeal on the ground that the respondent nos.4 and 5 were not served. 2 2. Shri.Deshpande, the learned Counsel appearing for the applicants states that he has furnished the fresh address of the respondent no.5 and seeks permission to serve the respondent no.4 by paper publication. He further states that the delay caused was unintentional. In view of the aforesaid statement and for the reasons stated in the application, I am satisfied that, the delay caused in filing the civil application needs to be condoned. Same is therefore condoned. Similarly, the order dated 22.04.2009 passed by this Court dismissing the civil application no.3959/2006 and first appeal st. No.8509/2006 is recalled, same are restored. 3. The applicant is permitted to serve the respondent no.5 on the fresh address given in the application and also the respondent no.4 by paper publication as indicated in the application. The application is thus allowed. (R.K. DESHPANDE) JUDGE GAS/ca10153.09