1 11.cas1531.10 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1531 OF 2010 IN SECOND APPEAL ST. NO. 3912 OF 2007 Vasant P. Powar. ....Applicant. Vs. Malhar Vasudeo Gandhi. ....Respondent. Mr. Amit Borkar, Advocate for Applicant. Mr. S.S.Patwardhan, Advocate for Respondent Nos. 3 to 6. CORAM:- GIRISH GODBOLE, J DATED:- SEPTEMBER 20, 2011 P.C. 1. Heard Mr. Borkar, Advocate for Applicant. By an earlier Order dated 6/6/2007, notice was issued in the Second Appeal and since Respondent Nos. 1 and 2 were not served, by conditional order dated 31/1/2008, this Second Appeal was dismissed. All other Respondents except Respondent No.1 are served. Respondent Nos. 3 to 6 are represented by Mr. Patwardhan. Mr. Borkar places on record photo copy of plaint in RCS No. 30 of 2007 filed by Respondent Nos. 3 to 6 in the 2 11.cas1531.10 Civil Court at Malkapur wherein declaration has been sought that the Respondent No.1 herein Malhar V. Gandhi who is Defendant No.1 therein should be declared to have died. In view of this and even on the account of the fact that even otherwise the Respondent Nos. 3 to 6 are the wife and children of Respondent No.1 who are already on record, service on Respondent No.1 is waived. Case for restoration is made out. By accepting the reasons given in paragraph-4, the Civil Application is allowed in terms of prayer clause (b) and (c). 2. Notices in the Second Appeal are now duly served. Service of notice on Respondent No.1 is waived for the reasons given while allowing Civil Application. List the Second Appeal after 2 weeks. (GIRISH GODBOLE, J)