1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2408 OF 2010 IN FIRST APPEAL NO. 1672 OF 2007 Shrikant Trimbak Datar & ors ..... Applicants versus Smt. Nirmala Vasant Damle & ors ......Respondents. Mr. S.K. Shinde i/b. Vinod Shah adv. for the Applicants. None for the Respondents. CORAM: R.G. KETKAR,J. DATED : 16th July, 2010. P.C.: 1. This application is for recalling the order dated 27-1-2009 and for condonation of delay in filing the application. By order dated 27-1-2009 First Appeal was dismissed for none prosecution on the ground that bhatta was not paid. In fact respondents were served and they filed C.A. No. 3724/2007 for interim protection and for appointment of Court Receiver on the suit property. The said application was disposed of and as a interim protection, the applicant herein were restrained from creating any third party interest or right in the suit property. Liberty was reserved for applying for appointment of Court Receiver. He therefore submitted that though the respondents were served, the office raised objection about non payment of bhatta charges. 2 Considering this position, in my opinion, the order dated 27-1-2009 deserves to be recalled and so also the delay is required to be condoned. Hence Civil Application is allowed in terms of prayer clause (a) and (b) with no order as to costs. First Appeal No. 1672/07 is restored to file. (R.G. KETKAR, J.)