-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.1733 OF 2007 APPLICATION NO.1733 OF 2007 APPLICATION NO.1733 OF 2007 IN IN IN SECOND SECOND SECOND APPEAL NO.960 OF 2007 APPEAL NO.960 OF 2007 APPEAL NO.960 OF 2007 Maruti Pandharinath Gele ..Applicant V/s. Sou. Kantabai w/o Bapu Gele, & Ors. ..Respondents Mr. M. A. Patil for the Applicant None for the Respondents CORAM CORAM CORAM : ANOOP V. MOHTA, J. : ANOOP V. MOHTA, J. : ANOOP V. MOHTA, J. DATE DATE DATE : 27TH JUNE, 2008 : 27TH JUNE, 2008 : 27TH JUNE, 2008 P.C. : . The second appeal is already admitted. This is an application filed by the original plaintiff-applicant against the respondent who though served, are not present. An affidavit of service is filed. 2. Considering the controversy as raised and in view of the averments made in Civil Application, this application is allowed in terms of prayer clause (a). Civil Application is accordingly allowed with liberty. (ANOOP (ANOOP (ANOOP V. MOHTA,J.) V. MOHTA,J.) V. MOHTA,J.)