1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO.12742 OF 2008 IN SECOND APPEAL NO.598 OF 2006 Arunbai Damodhar Muddewar (Mutewar) .. Applicant Versus Hidayatbee w/o Haji Sheikh Chand and ors. ..Respondents Mr.G.O.Wattamwar, Advocate for applicant Respondents 1, 3 to 9, 12 to 17, 19 to 28 dismissed Respondent No.18 abated Respondents 2, 10 and 11 served CORAM : A.V. NIRGUDE, J. DATE : 8th July 2010 PER COURT 1. This application seeks restoration of the second appeal, which came to be dismissed on 14th August 2008. Before passing of such order, the Court had not issued notices to the respondents before admission. In fact, on 8th August 2008, the Court directed the appellant’s Advocate to explain as to how the appeal was maintainable without joining of all the parties to the appeal and on next day, when the appellant’s Advocate remained absent, the appeal was dismissed. In view of this, the present application can be decided even without hearing the respondents. 2 2. Heard. For the reasons mentioned in the application, the application is allowed. The appeal stands restored, the earlier order dated 8th August 2008 shall now prevail. Adjourned tomorrow in urgent category for hearing on the issue of maintainability. ( A.V. NIRGUDE, J. ) (vvr/12742.08ca)