{1} FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.6281 OF 2009 Sarubai S. Aher & others Vs. Dattatraya V. Jorvekar & other WITH FA NO.201/2009 Office notes, office memorandum of coram, appearances, court’s order or directions and Registrar’s order. Court’s or Judge’s orders Shri Amol Gandhi, advocate for applicant. Shri N.R.Bhavar, advocate for respondent no.1 Shri A.B.Gatne, advocate for respondent no.2. *** Coram : K.U.Chandiwal, J. Date: 30th June 2009. 01- Heard learned counsel. Since there is non compliance of conditional order of the Court dated 13/04/2009, the appeal came to be dismissed. It is a matter of record, there was no address of respondent no.3 furnished which was a mandate. During the course of submission counsel for the appellant informs, he does not want to prosecute the matter for respondent no.3; The matter should not be frustrated as against the other respondents. Consequently, the order of dismissal dated 13/04/2009 is set aside. The appellant is permitted to delete respondent no.3 from the First Appeal. The delay in any caused in making the application is condoned. The file be restored to original position. {2} 02- Counsel for respondent no.1 & 2 waives service. 03- By consent S.O., to 03rd August 2009 to be decided at admission stage. [K.U.CHANDIWAL] JUDGE /mda/0609/ca6281.09