1 20.cas1147.08 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1147 OF 2008 IN SECOND APPEAL NO. 1142 OF 2005 Someshwar Bapurao Nilakhe, since deceased through L.Rs. & ors. ....Applicants. Vs. Vinayak B. Nilakhe & ors. ....Respondents Mr. A.P. Kulkarni, Advocate for Applicants. Mr. S.S.Kulkarni, Advocate for Respondent Nos. 1 and 2. CORAM:- GIRISH GODBOLE, J DATED:- SEPTEMBER 7, 2011 P.C. 1. This is an Application for restoration of the Second Appeal which was dismissed in default on 18/1/2006. Perusal of the record shows that no notice before admission had been issued in the Second Appeal and consequently, none of the Respondents were either called upon to remain present or were present. The Application is strongly opposed by the learned Advocate for the Respondent Nos. 1 and 2, 3A, 3C and 3D. Notice on Respondent No. 4 has not yet being duly served with bailiff’s remark that the Respondent No. 4 Bank is not in the jurisdiction of the 2 20.cas1147.08 Civil Court at Indapur. 2. The learned Advocate for the Respondents has opposed the Civil Application on the ground that no justification for delay has been given. By a separate order passed in CAS 915 of 2011, I have already held that Respondent No. 3B, who had died during the Appeal in the District Court, his heirs cannot be brought on record in this Second Appeal. Respondent No. 4 is a formal party in a Suit for partition and separate possession. As stated above, no notice has been issued to any of the Respondents when the Appeal is dismissed for default. The reasons given for absence and for the delay in filing an Application in paragraphs-3, 4 and 5 deserve acceptance in the absence of any contrary being pointed out. Hence I pass following order : 3 Civil Application is allowed in terms of prayer clause (B) and (C). Verification of the Civil Application made by the Clerk of the Advocate for the Applicants is accepted. Second Appeal to be listed for admission after 4 weeks. (GIRISH GODBOLE, J)