IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR Misc. Civil Application No. 334 of 2008 Smt. Savitri A. Dangre and another ..vs.. Bhagwan Barba Rajurkar & others. -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- =-=-- Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Shri S. P. Bhandarkar, Advocate for Applicants. Shri S. D. Sirpurkar, Advocate for R. Nos. 1 to 3. Shri A. M. Kurkarni, Advocate for R. No.4. CORAM : B. P. Dharmadhikari, J. DATE : 24th April, 2008 The matter was heard yesterday for some time and then respective counsel appearing for respondents i.e. Advocate Vaidya, Advocate Sirpurkar and Advocate Kulkarni, expressed that if the Second Appeal itself is disposed of finally on merits, they may obtain instructions from their respective clients if they would have any objection to restoration of Second appeal No. 49/2004 back to file. Other side did not object to this request. It is to be noticed that Second Appeal No. 49/2004 was filed by deceased Laxman Jagobaji Rajurkar, which has been disposed of by this Court as withdrawn by Laxman vide order dated 6th February, 2007. Laxman, thereafter, approached this Court with a grievance that he has not been withdrawn the second appeal. The respondents insist that he has withdrawn the second appeal. In view of request made on yesterday, the matter was adjourned to today and today, a pursis has been filed by respondents No.1, 3 & 4 that they have no objection if prayer of restoration of Second Appeal made in M. C. A. No. 334/2008, is granted, without recording any finding on the allegations made therein and if the Second Appeal is taken up for final disposal immediately. Respondent No.2 was already deleted vide order dated 7/4/2006 passed in Second Appeal No. 49/2004. Respondent Nos. 1, 3 & 4 are present before this Court today and respondents No. 1 & 3 have stated that they have no objection if Second Appeal is restored and disposed of finally. Respondent No. 4- Prashant Bongirwar has also accepted that he has signed the pursis with full understanding that the subsequent purchase made by him is being subjected to decision of Second Appeal. I have personally verified the fact from respondent Nos. 1, 3 & 4, who are identified by Advocate Vaidya, Advocate Sirpurkar and Advocate Kurlkarni respectively. I have also verified their identity from Advocate Bhandarkar and after ascertaining it from his clients i.e. Savitribai and Sita, Advocate Bhandarkar has stated that three persons present before this Court are respondents No. 1, 3 & 4. In view of this, order dated 6th February 2007 disposing of Second Appeal as withdrawn, is hereby recalled without recording any finding as to the role played by anybody in securing the said order. The position will be as if the said order was never passed. Second Appeal No. 49/2004 is accordingly restored back to file because of consent given by respondents No. 1, 3 & 4 and also Advocate Bhandarkar for its immediate disposal. The parties waive notice on merits in Second Appeal, after its restoration. List the second appeal for final hearing at Sr. No. 1 on 30th April, 2008, before the appropriate Bench as per roster. The M. C. A. is disposed of accordingly. JUDGE andurkar.