( 1 ) FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE, BENCH AT AURANGABAD. Civil Application No. 5600 of 2010 (In Civil Application No. 442 of 2006) (In First Appeal Stamp No. 24070/2005) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders .............................................................................. Mr. S.G. Chapalgaonkar, Advocate, for the applicant. Mr. R.T. Nagargoje, Advocate, for respondent nos.1 to 4 and 6. .............................................................................. CORAM : K.U. CHANDIWAL, J. DATE : 4TH MAY 2010 1. Heard. 2. The appeal, for want of steps, concerning the respondent no.5, was dismissed. This was noticed subsequently, when publication of notice on the said respondent was sought to be caused. By the present application, dismissal of the appeal, as against ( 2 ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders respondent no.5, is sought to be set aside and also simultaneously thereafter, publication of notice for appearance of the respondent no.5, Shrikant s/o. Gundappa Trimukhi. 3. The grounds mentioned in the application illustrate, the respondent no.5 was reported unserved as he was not found on the given address. However, this could not be taken care and faced the dismissal. The mistake is not deliberate. 4. The dismissal against respondent no.5 is set aside. The order of dismissal is recalled. The matter is restored to original position. After such compliance, notice by paper publication, for appearance of respondent no.5, in the local newspaper, at the cost of the appellant, be issued. Reasonable period of 30 days to be maintained in ( 3 ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders publication of notice and the date of appearance. 5. The Civil Application is allowed in the above terms. ( K.U. CHANDIWAL ) JUDGE bgp/ca5600