1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.378 OF 2010 IN FIRST APPEAL NO.372 OF 1991 Smt. Durpada V. Mhetre & Ors. ..Applicants Vs. Bhagwan Nana Yelpale & Ors. ..Respondents Ms. Shakuntala Mudbidari for the Applicants Mr. Jaiwant S. Chandnani for Respondent No.3 CORAM: A.S.OKA, J. DATED: 9th February, 2010 P.C. 1. Heard Learned Counsel for the Applicant and Learned Counsel for Respondent No.3. 2. In view of the averments made in the application, a case of restoration of the First Appeal as against Respondent No.2, is made out. Accordingly, the Application is allowed in terms of prayer clauses (a), (aa) & (b). 2 3. Issue notice of the First Appeal to Respondent No.2 , returnable on 22.03.2010. Private notice is also permitted. (A.S.OKA, J)