KBP 1 CA-1082-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1082 OF 2011 IN SECOND APPEAL NO.240 OF 1999 [Dhondiba Vs.Bapu] Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s order Court’s or Judge’s orders Mr.A.N.Katkar, for applicant h/f.Mr.Dilip Bodake, for applicant. CORAM : R.G.KETKAR, J. DATE : 23 rd SEPTEMBER, 2011 P.C. By order dated 26 th August, 2011, Rule was issued in the above Civil Application which was filed for bringing heirs and legal representatives of respondent no.9(c), since deceased, on record. Office remark dated 2 nd July, 2011 indicates that since the advocate for the applicant did not take steps against the unserved respondents within the stipulated time as per order dated 7 th February, 2011, Civil Application No.1479 of 2009 itself was dismissed against respondent nos.9A to 9C. In view of dismissal of Civil Application No.1479 of 2009, present application cannot be proceeded further. In view of this, order dated 26 th August, 2011 is recalled and Civil Application No.1082 of 2011 stands KBP 2 CA-1082-11.sxw disposed of with liberty to the applicant to take out fresh application for bringing heirs and legal representatives of respondent no.9(c), since deceased, on record after getting Civil Application No.1479 of 2009 restored to the file. [R.G.KETKAR, J.]