Ca 1053.09 1 INTHE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1053/2009 IN S.A.ST.17016/2009 Shashikant L.Rajendra Applicant Vs. Naresh A.Giya & Anr. Respondents Mr.Girish R.Agrawal for Applicant CORAM-G.S.GODBOLE,J. DATE - 23rd SEPTEMBER,2011 P.C. . Heard Mr.Agrawal. 2 This is an application for condonation of delay of two days in filing the Second Appeal. Notice issued to Respondent no.1 is served personally, as seen from the office report. Notice of Respondent no.1 is, however, returned unserved on the ground of incomplete address. The Appeal is filed by the Original Plaintiff whose suit has been dismissed and the Appeal in the District Court has also been dismissed. Perusal of the Judgment shows that Defendant no.1, whose notice is returned unserved had remained absent and the suit had proceeded without written statement against him. Ca 1053.09 2 3 In view of this, since the other Respondent, viz.Respondent no.2 is personally served and the delay is of two days, accepting the explanation given in the Civil Application, the delay is condoned. The Civil Application is allowed.Liberty is given to Respondent no.1 to file an application for recalling this order by showing prejudice, since the delay has been condoned without notice to him. Place the Second Appeal for admission after three weeks. G.S.GODBOLE,J.