( 1 ) C.A.No. 12064/2009 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE, BENCH AT AURANGABAD. Civil Application No. 12064 of 2009 (In First Appeal No. 11 of 2005) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders .............................................................................. Mr. B.V. Dhage, Advocate, for the applicant (Absent). Appeal already dismissed as against respondent no.1. Mr. A.R. Borulkar, Advocate, for respondent no.2. Mr. K.T. Shirurkar, Advocate, for respondent no.3. .............................................................................. CORAM : K.U. CHANDIWAL, J. DATE : 6TH APRIL 2010 1. Counsel for the applicant / appellant called, absent. 2. A conditional order was passed on 20th April 2009, directing to take steps within six weeks. However, the steps are not taken, resulting in dismissal of appeal ( 2 ) C.A.No. 12064/2009 Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders against respondent no.1. The concern of the appellant to adjudicate the case against respondent no.1 being genuine, the delay and the mistake in taking steps is condoned. The matter, to the extent of respondent no.1, is restored. Keep the appeal for hearing finally, at admission stage, on 4th May 2010. 3. The Civil Application is allowed in the above terms. ( K.U. CHANDIWAL ) JUDGE bgp/ca12064