1 (Review pet.5 of 2011) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION REVIEW PETITION NO.5 OF 2011 IN SECOND APPEAL NO.359 OF 2010 Khashaba Bapurao Patil (since deceased through heirs) Smt.Akkabai Khashaba Patil & Ors. ...Petitioners (Org.Appellants/ Defendants) Vs. Mahadeo @ Baburao Savala Patil and Anr. ...Respondents (Org. Plaintiffs) ----- Mr. Pratap Patil for Petitioners Mr.Rananwar D.D. For Respondent Nos.1 and 2 ----- CORAM: V.M. KANADE, J. DATED: 18th November, 2011 P.C. 1. This Review Petition is filed by the Appellants, who had filed the Second Appeal No. 359 of 2010. The Petitioners are seeking review of the order dated 1st April, 2011. 2. It is submitted that in view of Order 41 Rule 17 explanation, the appeal could not have been dismissed on merits and at the highest it could have been dismissed for default. 2 (Review pet.5 of 2011) 3. I have perused the order under review, it does appear that the appeal has been dismissed on merits. In view of the explanation to Rule 17 of Order 41, the appeal could not have been dismissed on merits. Hence, the order dated 1st April, 2011 is recalled. Review Petition is allowed. Second Appeal is restored to the file. Review Petition is disposed of. (V.M. KANADE J.)