KBP 1 ca-581-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.581 OF 2011 IN SECOND APPEAL NO.633 OF 2001 [Ram Vs. Laxman] Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s order Court’s or Judge’s orders Mr.Nachiket Khaladkar h/f.Mr.P.S.Dani, for applicant. CORAM : R.G.KETKAR, J. DATE : 18th AUGUST, 2011 P.C. This is an application for recalling the order dated 10 th February, 2011 whereby, on failure of the applicant to remove the office objections within four weeks from the date of the order, the Appeal was to stand dismissed without further reference to the Court. Heard Mr.Khaladkar, learned counsel for the applicant. He submits that during the pendency of the Second Appeal, sole respondent died on 25 th November, 2009. The applicant took out Civil Application for bringing the heirs and legal representatives of respondent on record. Said Civil Application was allowed, however, necessary amendments were not carried out due to oversight. By order dated 10 th February, 2011, four weeks’ time was granted to remove the office objections and since the objections were not removed within the stipulated time, the Appeal stood dismissed for non prosecution. The learned counsel for KBP 2 ca-581-11.sxw the applicant further states that there is delay of 24 days in filing application which may be condoned. None appears for the respondent. For the reasons set out in the Civil Application, the same is allowed in terms of prayer clauses (a) and (b). Second Appeal is restored to file. Applicant shall carry out amendment in the Second Appeal by bringing on record the heirs and legal representatives of the sole respondent. After the heirs and legal representatives are brought on record, office to issue fresh notices to them. [R.G.KETKAR, J.]