KBP ca1363-09.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1363 OF 2009 IN SECOND APPEAL NO.246 OF 2008 (Shankar Vs. Khushalchand) Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s order Court’s or Judge’s orders Mr.Tanaji Matangade i/b.Mr.A.V.Anturkar, for applicant. Mr.U.B.Nighot, for respondent no1c. CORAM : R.G.KETKAR, J. DATE : 23 rd FEBRUARY, 2011 P.C. Heard Mr.Tanaji Matangade, learned counsel for the applicant and Mr.U.B.Nighot, learned counsel for respondent no.1c. 2] By this application, the applicant prays to recall the conditional order whereby the Second Appeal was dismissed against the respondents (excepting respondent nos.1c and 2d) and thereafter permission was granted to serve those respondents. 3] Office remark indicates that on Civil Application No.142 of 2002, Rule was issued on 21 st February, 2002 and thereafter, the application stood dismissed as against the respondent nos.1a, 1b, 2a, 2b, 2e, 3a to 3f, 4 and 7 as per the order of Addl. Registrar dated 25 th February, 2004. Office remark further indicates that the application stood dismissed against the respondent no. KBP ca1363-09.sxw 2 2c as per the order of the Registrar dated 1 st August, 2007. Subsequently, Civil Application No.142 of 2002 was heard on 22 nd November, 2007 when delay was condoned and it was made clear that the said Civil Application as also Second Appeal shall stand dismissed as against all the respondents except respondent no.1c and 2d. In view thereof, no relief can be granted in this application. 4] Civil Application is dismissed. [ R.G.KETKAR, J. ]