1 CAS 494 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 494 OF 2011 IN SECOND APPEAL NO. 270 OF 1995 Prabhakar Maruti Salunkhe ...Applicant Vs. Nayaku Maruti Salunkhe & Anr. ...Respondents ----- Mr. M.C. Shah i/b. Mr. N.R. Shah for Applicant Mr. S.G. Deshmukh for Respondent Nos.1 and 2 ----- CORAM: V.M. KANADE J. DATED: 7th April, 2011 P.C. 1. Heard the learned counsel appearing on behalf of the Applicant and the Respondents. 2. A conditional order was passed by this Court dated 3rd September, 2010 directing the Applicant to remove office objection within four weeks, failing which the appeal would stand dismissed for non-prosecution. It is submitted that the only objection was the decree form and synopsis were not supplied. It is submitted that the Applicant was not aware of the conditional order and, therefore, could not take steps to remove the office objection. The appeal was admitted in 1995 and at that time there was no practice of filing synopsis along with the second appeal. 2 CAS 494 of 2011 3. This being the position, in my view, the order dated 3rd September, 2010 will have to be recalled and the Second appeal also will have to be restored to the file. 4. Civil Application is, accordingly, allowed. The second appeal is restored to the file. Interim order, if any, also stands restored. Civil Application is allowed in terms of prayer clauses (a) to (c) and is disposed of. 5. Place the Second Appeal on the final hearing board on 28th April, 2011. The Applicant to remove office objection within two weeks. (V.M. KANADE J.)