4. cas 1368-10.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1368 OF 2010 IN SECOND APPEAL NO. 41 OF 2010 Kunda Bhausaheb Pawar .. Appellant Vs Shantikumar @ Rajkumar B. Chougale & Ors .. Respondents Mr. Abhay D. Parab for the Appellant / Applicant Mr. Bhushan Walimbe for Respondent Nos. 1 to 4 CORAM : GIRISH GODBOLE, J. DATE : 5th AUGST, 2011. P.C.: 1. Heard. 2. This Civil Application has been filed for the following reliefs: (a)That this Hon'ble Court be pleased to set aside the order of rejection dated 25.03.2010 passed by this Hon'ble Court and the Appeal and Civil Application may be restored to file; (b)that this Hon'ble Court be pleased to condone the delay, if any, for filing this Civil Application. 3. Perusal of the proceedings in the Appeal shows that the notice of the Second Appeal was never issued to the Respondents and even prior to admission, the Appeal was dismissed on account 1 4. cas 1368-10.doc of failure to comply with the order regarding production of certain documents by order dated 18th February 2010. Compilation of documents has already been filed on 7th March, 2011. For the reasons given in paragraphs 3 and 4 of the Civil Application, the same is allowed. 4. Second Appeal is restored and the same shall be listed for admission on 20th August, 2011. [ GIRISH GODBOLE, J ] 2 4. cas 1368-10.doc 3