1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.63 OF 2010 IN FIRST APPEAL NO.1510 OF 2002 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr.Prasad S.Naram i/b S.S.Kulkarni for the applicant. Mr.Sandeep Pathak i/b S.B.Deshmukh for respondent no.1. CORAM : D.B.BHOSALE AND R.Y.GANOO, JJ. DATED : 12/01/2010 PC: 1. Heard learned counsel for the parties. 2. The applicant (original respondent no.1) has filed this application for fixed date of hearing of the appeal. The appeal is directed against two respondents. When the appeal was heard on 25.10.2002, Mr.Rairkar, advocate waived service on behalf of both the respondents but he filed vakalatnama only for respondent no.1. In view thereof no notice was issued to respondent no.2. Now Mr.S.S.Kulkarni has filed appearance on S 2 behalf of respondent no.2 after taking no objection from Mr.Rairkar. Mr.Parsad Naram holding for Mr.S.S.Kulkarni submits that they have no instructions to appear on behalf of respondent no.2. In the circumstances we have no option but to issue notice to respondent no.2 hence the following order: Issue notice to respondent no.2, returnable on 23.2.2010. 3. In addition to Court's notice, the applicant to serve respondent no.2 by Advocate's notice, either personally or by Courier/Speed post/Fax, and file an affidavit of service before the returnable date. 4. We do not deem it appropriate to keep the civil application for fixed date of hearing pending any more and it is disposed of as such. Liberty to the applicant to apply for early date of hearing after service of notice on respondent no.2. (R.Y.GANOO,J.) (D.B.BHOSALE,J.)