bgp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1055 OF 2009 IN SECOND APPEAL (ST)NO.23019 of 2007 Nadim Ibrahim Karari ..Applicant Vs. Md.Hussain Ibrahim Karari & Ors. ..Respondent Mr.S.S.Kanetkar i/b. G.S.Godbole for applicant. None for respondents. CORAM :- V.C.DAGA,J. DATE : 1ST SEPTEMBER, 2009 P.C. 1. Heard learned Counsel for the parties. Perused the appeal. 2. By an order dated 2nd June, 2008, eight weeks time was granted to remove office objections. Before the expiry of period of eight weeks, the appellant applied for recall of the order. The application could not have been filed, since the time to remove office objections had not expired. The Civil Application No.1055 of 2009 was, thus, premature. Assuming it to be tenable, the civil application was filed some time in the month of July, 2008. More than 13 months have passed, but no steps were taken to seek appropriate order, with the result conditional order operated and appeal resulted in dismissal of appeal. Civil application is, thus, rendered infructuous. 3. The suit was for partition and possession of the suit property. Five persons were joined as defendants. Mr.Vasant Bhaskar Raut was defendant No.5. He was respondent No.5 in appeal filed before the first appellate court. The present second appeal under Section 100 of the Code of Civil Procedure was filed on 5th October, 2007 to challenge the judgment and decree dated 9th July, 2007 passed by the District Judge, Palghar. The original defendant No.5 was not joined as a party Respondent to the appeal. Consequently, the impugned judgment and decree had become final and conclusive against the original defendant No.5. When this fact came to the notice of the appellant, leave to join him party respondent vide order dated 30th July, 2009 was obtained. Leave to amend the cause title was granted. However, no amendment was carried out till date. 4. Learned Counsel for the appellant submits that if time is granted, the amendment can be carried out. The prayer made cannot be granted, even the leave to amend could not have been obtained, since the appeal against respondent No.5 had already become barred by limitation on the date of order permitting amendment. 5. The conditional order has operated and resulted in dismissal of appeal. The decree under challenge has become final and conclusive. However, plaintiff shall be at free to take appropriate steps as may be available in law to get over the adverse circumstances faced by him in the facts and circumstances of the case. Appeal proceedings be consigned to record. Order accordingly. No order as to costs. (V.C.DAGA,J.)