1 cas1291-11 jpc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1291 OF 2011 IN SECOD APPEAL NO. 226 OF 2010 Sindhu Baban Domble and others ... Applicants Versus Laxman Shankar Chavan and others ... Respondents Mr. S.G. Deshmukh i/by Dilip Bodake for the applicants Mr. Nilesh Wabale i/by Umesh Mankapure for respondent no.1 CORAM : R. Y. GANOO, J. DATED : 22nd September, 2011 P.C. 1. Heard learned counsel of both the sides. 2. Affidavit in reply is filed by the respondents. Copy is given to the learned advocate for the applicant. Perused the affidavit in reply. It may be true that the matter was called out more than one occasion and thereafter only, it came to be dismissed at the stage of admission. 3. In my view, it would be proper to hear and decide whether the matter should be admitted or not on merit, rather than allowing the applicant to face the order of dismissal of the second appeal. 4. Second Appeal No.226 of 2010 stands restored by granting the Application and it is adjourned to 27th September, 2011 for admission. 5. Civil Application is disposed of accordingly with no order as to costs. (R. Y. GANOO, J.)