1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 469 OF 2010 IN SECOND APPEAL (ST) NO. 11449 OF 2008 IN REJ. CASE NO. 486 OF 2008 Prakash Rajaram Borkar ... Applicant v/s 1. Yashwant Narayan parkar (since deceased, through heirs) Sandeep Yashwant Parkar & ors. ... Respondents Mr.S.M.Railkar for the applicant. None present for respondents. CORAM: SMT.NISHITA MHATRE, J. DATED: 13TH APRIL, 2010 P.C.: 1. The civil application has been filed for restoring the second appeal which was dismissed on account of the conditional order passed on 17.9.2008. It appears that the office objections are regarding certified copies of the judgments of the District Court as well as the Trial Court not being filed. The applicant was directed to comply with the office objections within two weeks. According to the learned 2 advocate for the applicant, the appellant has annexed both the certified copies to the second appeal which was filed along with the present second appeal. The other second appeal challenges the order allowing the cross-objections filed by respondent No.1. Obviously, therefore, the question of annexing of the certified copies pertaining to R.C. Appeal No.125 of 2002 in the present appeal would not therefore arise. 2. No notice has been issued in respect of this civil application to the respondents since the Registry has incorrectly dismissed the appeal despite the note contained in the appeal memo. 3. Accordingly, the civil application is allowed in terms of prayer clause (a). 4. Place this second appeal along with Second Appeal No. 455 of 2008 for admission on 27.4.2010. ..... 3