: 1 : Bsb THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 423 OF 2009 IN SECOND APPEAL (ST) NO. 32726 OF 2002 OfficeNotes,Office Memoranda of Coram,appearances,Court's order or Directions and Registrar's Orders Court's or Judge's Orders Ms.Gauri Godse for the applicants. Smt.A.G. Bhaktwani for Resp.Nos.2 and 3. CORAM: SMT.NISHITA MHATRE, J. DATED: 23RD APRIL, 2010 P.C.: 1. This Civil Application has been filed for restoring the Second Appeal which was dismissed for non compliance of the conditional order. 2. Although this Application is opposed on behalf of respondent Nos.2 and 3, since it has been filed six years after the dismissal of the Appeal, in my view, the Appeal must be restored. : 2 : 3. For the reasons stated in the Civil Application, it is allowed in terms of prayer clauses (a) to (e). 4. The Second Appeal is restored to file. The amendment to be carried out in the Second Appeal as well by deleting the name of deceased respondent No.1 within a period of two weeks from today. .........