1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2834 OF 2009 IN FIRST APPEAL NO.851 OF 2009 Rukhi Mahal C.H.S. Ltd. ..Applicant versus Elizabeth Vincent Fernandes & Ors. ..Respondents Mr.N.F. Mudnaney for the applicant Mr. Anil Singh a/w. Ashwin Singh i/b. Anil Yadav for the respondents Mr.Vinod Mahadik for the Corporation. CORAM : R.Y.GANOO, J. DATE : 17th JULY, 2009. P.C: 1. Rule. 2. Mr.Anil Singh waives service on behalf of the respondent Nos.1 and 2. Mr. Mahadik waives service on behalf of the respondent NO.3. 3. Heard learned advocates on both sides After hearing them it is seen that there is some 2 confusion as regards date on which this first appeal was to come on board for admission and according to learned Advocate Mr. Mudnaney though present applicants i.e. Respondent Nos.2 and 3 in the first appeal wanted to remain present and oppose the admission, they could not do so. It is in this background the Civil Application is filed for setting aside the order dated 22.6.2009 passed in first appeal, thereby disposing of the first appeal and for restoration of the first appeal and rehearing for admission. 4. In my view, in the interest of justice the civil application is required to be granted as the learned Advocates appearing in this matter have shown willingness to argue on the question of merits of impugned order. Hence the order. ORDER Civil application is made absolute in terms of prayer clause (a). There shall be no order as to costs. (R.Y.Ganoo, J.)