1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, NAGPUR BENCH, NAGPUR MISC. CIVIL APPLICATION NO.304/2003 Laxman s/o Paikaji Mandawkar (Dead) thr. Lr. Murlidhar s/o Laxman Mandawkar and others ...Versus... Tulshiram s/o Gondya Nimgade -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- [Shri M.R. Kalar, Adv. for applicants] CORAM:- A.B. CHAUDHARI, J. DATED :- 15.07.2008 Heard. Learned Counsel for the review applicants argued that this Court decided second appeal on 19.12.2001 against Laxman Paikaji Mandawkar, who had expired already on 10.10.1998 and his legal representatives were not brought on record and in fact the appeal had abated. According to him, only respondent No.2 was on record and, therefore, the appeal could have been heard only as against respondent No.2. 2 Despite repeated service to appellant No.2 - Tulsiram s/o Gondya Nimgade there is no appearance in this review application. These facts stated by learned Counsel for the applicants are therefore not controverted. In view of this, the only course left open for me is to set aside the judgment and order dated 19.12.2001 in Second Appeal No.78/1986. Since respondent No.2 was on record of that Second Appeal No.78/1986, the said appeal will have to be reheard, since this review application is allowed. Second Appeal No.78/1986 be listed for final hearing. Misc. Civil Application stands disposed of. JUDGE ssw