1 IN THE HIGH COURT OF BOMBAY AT GOA MISC. CIVIL APPLICATION NO. 859 OF 2010 IN FIRST APPEAL NO. 105 OF 2002 WITH MISC. CIVIL APPLICATION NO. 16 OF 2011 IN FIRST APPEAL NO. 184 OF 2002 Krishnanath B. Sawant & Anr. ... Applicants Versus State of Goa Thr. Chief Secretary & 2 Ors. … Respondents Mr. M.S. Joshi, Advocate for the Applicants. Mr. E. Afonso, Advocate for Respondent Nos. 2 and 3. Coram: S.B DESHMUKH, J. Date: 27 th January, 2011. P.C. Heard learned Counsel Mr. Joshi on behalf of the applicant. The applicant is the original appellant in First Appeal Nos. 105/2002 and 184/2002. First Appeal Nos. 105/2002 and 184/2002 were listed for final hearing on 24-09-2010. On that day applicant/original appellant was obviously not present before the Court. Hence, both the appeals were dismissed under Order 41 2 Rule 17 of the Code of Civil Procedure by order dated 24-09-2010 passed by this Court (Coram: D.G. Karnik, J.). 2. By the present application, the applicant is seeking setting aside of order dated 24-09-2010 passed by this Court, dismissing the appeals under Order 41 Rule 17 of the Code of Civil Procedure. 3. Learned Counsel Mr. Joshi, on instructions seeks deletion of respondent no. 1 since State has no concern with the issue or appeal. At the request and risk of the applicant, deletion of respondent no. 1 is permitted. Deletion to be carried out forthwith. 4. After hearing the learned Counsel on behalf of respective parties and considering the grounds raised by the applicant in para 3 to 7, the application is considered. 5. Order dated 24-09-2010 dismissing the appeal under Order 41 Rule 17 of the Code of Civil Procedure is set aside. Both the above First Appeal Nos. 105/2002 and 184/2002 stand restored 3 to the file of this Court. Both the appeals to be listed for final hearing in the month of March, 2011. 6. Civil Applications are accordingly allowed and disposed of. S. B. DESHMUKH, J. Ev