spb/- 1 cas1202-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO. 1202 OF 2011 IN SECOND APPEAL NO. 588 OF 1990 WITH SECOND APPEAL NO. 588 OF 1990 Ganinath Sehab Lande ... Applicant. V/s. Shahaji Shivaji Agawane ... Respondent. ­­­­­ Mr. A.P. Kulkarni for the Applicant. Mr. Lonkar h/f. V.D. Raut for the Respondent. ­­­­­ CORAM : G.S. GODBOLE, J. DATE : 06TH SEPTEMBER, 2011. P.C. : 1 Heard Mr. Kulkarni for the Applicant and Mr. Lonkar holding for Mr. Raut for the Respondent. 2 Mr. Loknar states that Mr. Raut, Advocate on record for the Respondent, had already returned the papers to the sole Respondent. Hence, the Civil Application is filed immediately on 12.08.2011. 3 Mr. Kulkarni on instructions states that the sole Respondent is alive. spb/- 2 cas1202-11.sxw Statement is accepted. 4 Civil Application is duly verified by the learned Advocate for the Applicant. Since the reasons for remaining absent are entirely within the knowledge of the learned Advocate for the Applicant, the proper course was and in fact a prayer for dispensing with the Affidavit could have also been made. 5 Since this order is being passed without hearing the Respondent, liberty is given to the Respondent to apply for recalling this order by filing the Civil Application, indicating the prejudice, if any, caused to the Respondent. Perusal of the order dated 11.08.2011 shows that nobody appeared for the Respondent and hence, in my opinion, the Second Appeal can be restored without sending notice to the Respondent. However, after Second Appeal is restored a fresh notice of the Second Appeal will have to be sent to the Respondent through Court. Liberty is granted to the Applicant to serve the Respondent by private mode of service. 6 Accepting the reasons given in paragraphs 2 and 3 of this Civil Application, the same is allowed in terms of prayer clause (a). spb/- 3 cas1202-11.sxw 7 In view of the above, issue fresh notice to the Respondent in Second Appeal No. 588 of 1990, returnable after 10 weeks. In addition to the notice through court, the Advocate for the Appellant, if he so desires, may also sent a private notice to the Respondents by RPAD alongwith the copy of this order. However, only after the notice through court is served, the Second Appeal will have to be listed for final hearing in due course. [G.S.GODBOLE, J.]