( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPELATE JURISDICTION CIVIL APPELATE JURISDICTION USJ CIVIL APPLICATION NO.201 OF 2009 CIVIL APPLICATION NO.201 OF 2009 CIVIL APPLICATION NO.201 OF 2009 IN IN IN SECOND APPEAL NO.608 OF 2005 SECOND APPEAL NO.608 OF 2005 SECOND APPEAL NO.608 OF 2005 Shripati Dynanoba Borhade ..Applicant V/s. Dattu Maruti Borhade ..Respondent ...... Mr. A.Y. Sakhare i/by M/s. YKS Legal for the applicant Mr. Machhindra Patil for respondent ...... CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. DATED : 5th May, 2009 DATED : 5th May, 2009 DATED : 5th May, 2009 P.C.: P.C.: P.C.: 1. In the morning session I had disposed of the aforesaid Civil Application by speaking order. At about 1.45 p.m. learned advocat Mr.Patil submitted that he was absent before this Court when the said application was decided and he wanted this Court to give him hearing. He was asked to mention the matter at 3.00 p.m. in the company of learned advocate Mr.Sakhare. This has been done. 2. I have heard learned advocate Mr.Patil. He could not point out to the Court that after the expiration of period of four weeks w.e.f. 16th May, 2006, there was an order running against the present applicants which will mean that after 16th June, 2006 no order was running against the present applicants. If this is be so, whatever has been stated in the morning while disposing of the aforesaid civil application stands and no modification or any other ( 2 ) alteration is required to be made in the order by which Civil Application No.201 of 2009 is disposed of. 3. It is clarified that Civil Application No.425 of 2005 filed by Mr.Patil alongwith Secod Appeal is on the file and will be disposed of on merits. Civil Application No.425 of 2005 to come up for hearing in usual course. (R.Y. GANOO, J.) (R.Y. GANOO, J.) (R.Y. GANOO, J.)