IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.553 OF 2008 APPLICATION NO.553 OF 2008 APPLICATION NO.553 OF 2008 IN IN IN FIRST FIRST FIRST APPEAL NO.138 OF 1992. APPEAL NO.138 OF 1992. APPEAL NO.138 OF 1992. K.M. Balan & Anr. .. Applicants. versus Shri T.A. Jacob & Anr. ..Respondents. .... Mr.M.G. Barve, for the Applicants. None present for the Respondents. .... CORAM CORAM CORAM : A.S. OKA, J. : A.S. OKA, J. : A.S. OKA, J. DATE DATE DATE : 15TH JULY,2008. : 15TH JULY,2008. : 15TH JULY,2008. P.C. 1. The office noting shows that the second respondent is duly served with notice and is represented by an Advocate. None appears for the second respondent. My attention has been invited to the judgment dated 21st January 2008 in the first appeal. My attention has also been invited to averments made in paragraph nos. 3 to 5 of this application. In view of what is stated therein, prayer clause (a) of this application deserves to be granted. 2. Accordingly, application is allowed in terms of prayer clause (a). [ A.S.OKA, J.] A.S.OKA, J.] A.S.OKA, J.]