: 1 : cal.48.2011.sxw vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.48 OF 2011 IN LETTERS PATENT APPEAL NO.245 OF 2009 IN WRIT PETITION NO.7352 OF 2004 Shri Pankaj Mantri ... Applicant V/s. Shri B.Y. Pagare & Ors. ... Respondents Mr.R.N. Sanghavi for Applicant Mr.R.P. Behare, Addl. G.P. for the Respondents CORAM: P.B.MAJMUDAR & A.A.SAYED,JJ. DATED: 28th MARCH, 2011 P.C.: 1. This is a civil application for setting aside the order passed by this Court dated 1.12.2010 by which the Letters Patent Appeal was dismissed for default. Heard the learned Counsel for the applicant. Mr.Behere, the learned Additional Government Pleader appears for Respondent Nos.1, 2 and 3. The learned Counsel for the applicant states that the Appeal was dismissed for default at the time when there was no notice issued to the other side. In view of the grounds mentioned in the civil application as well as the additional affidavit filed by the applicant today alongwith the death certificate of the applicant’s brother’s wife, we set aside the order of dismissal for default in the Letters Patent Appeal and restore the Letters Patent Appeal on record. : 2 : cal.48.2011.sxw 2. The Civil application is accordingly allowed. The Letters Patent Appeal to be placed on the Board for admission on 19.4.2011. 3. The Civil Application is disposed of accordingly in the aforesaid terms. (A.A.SAYED, J.) (P.B.MAJMUDAR, J.)