KBP 1 ca1294-07.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1294 OF 2007 IN SECOND APPEAL [STAMP] NO.23560 OF 2006 [Dattu Vs. Bhagirathibai] Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s order Court’s or Judge’s orders Mr.G.M.Savagave, for applicant. CORAM : R.G.KETKAR, J. DATE : 1 st APRIL, 2011 P.C. This application is for condonation of delay of 28 days in filing Appeal. On 9 th October, 2007, Rule was issued on this application and it was made returnable on 14 th December, 2007. The applicant was directed to serve notices to the respondents and file affidavit of service before the returnable date, failing which, it was made clear that the application shall stand dismissed for non prosecution without further reference to the Court. Since the service was not effected, the Civil Application was dismissed for non prosecution. 2] Consequently, Civil Application 1038 of 2010 was taken out for condoning the delay caused in filing the application for restoration and for restoration of Civil Application. By order dated 30 th July, 2010, the Civil Application was allowed in terms of prayer clauses (a) and (b) thereby delay was condoned as also Second Appeal was restored to the file of this Court. KBP 2 ca1294-07.sxw 3] Learned counsel for the applicant states that respondent nos.1 and 10 are the only contesting respondents. Therefore, issue fresh notices to respondent nos.1 and 10, returnable after two weeks. [ R.G.KETKAR, J. ]