1 Lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.956 OF 2009 IN SECOND APPEAL NO.437 OF 2001 Shri Narayan Budhaji Shelke Through his legal heirs (1) Dr.Rohidas Narayan Shelke & ors. : Applicants. Versus Shri Khelya Ragho Ghase : Respondent. Ms. Neelam Nikale h/f Mr. Vijay Gharat for the Applicants. None for the Respondent. CORAM : C.L.PANGARKAR, J. DATE : 8th JANUARY 2010 P.C. 1. Heard the learned counsel for the Applicants. This Application has been filed by the Applicants for setting aside the order dated 11/09/2006 and for restoration of the Second Appeal which came to be dismissed for non­service of the notice on the Respondent. The Original Appellant is said to have died on 08/02/2004 and the Applicants were not aware of filing of the Application, therefore no steps could be taken by them for service on the Respondent. 2 2. In view of this, the order dated 11/09/2006 dismissing the Second Appeal is set aside and the Second Appeal is restored to file. The Civil Application is disposed of. [C.L.PANGARKAR, J]