1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO. 10095 OF 2009 IN FIRST APPEAL NO.538 OF 2005 Sk. Hidayatullah S/o Rahematullah Applicant V/s Sk. Miya S/o Sk. Pathan and another. Respondents ------------------------------------------------------------------------------------------------------- Mr. Deshpande Ram B., Advocate for the Applicant. Mr. Sarkate holding for Mr. Dhananjay Deshpande, Advocate for the respondent No.3. ------------------------------------------------------------------------------------------------------ (CORAM : R.K. DESHPANDE, J.) DATE : 1st October, 2009. PER COURT : 1. Heard Shri. Ram Deshpande, the learned Counsel appearing for the applicant. This is an application for condonation of delay of 150 days caused in filing the application for setting aside the order of dismissal dated 15.04.2009 passed by this Court, dismissing the matter for want of prosecution. The matter was dismissed for the reason that the correct address of the respondent nos.1 and 2 were not furnished. The learned Counsel for the applicant states that, he has supplied the correct address of the respondent no.2 and seeks permission to serve the respondent no.2 by 2 paper publication. 2. In view of the aforesaid statement and for the reasons stated in the application, the delay of 150 days caused in filing the application for setting aside the dismissal order dated 15.04.2009 is condoned and the order dated 15.04.2009 is recalled. The applicant is permitted to serve the respondent no.2 on the fresh address. The applicant is further permitted to serve the respondent no.1 by paper publication as indicated in the application. The application is thus allowed. (R.K. DESHPANDE) JUDGE GAS/ca10095.09