1 23-cas-507-2011.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION srj CIVIL APPLICATION NO. 507 OF 2011 IN SECOND APPEAL (ST)NO.7856 OF 2011 Sunanda S. Chauhan .. Applicant. V/s. Om Rajmata Co-op. Housing Society & Others .. Respondents. Mr. S. S. Redij, for the Applicant. Mr. T.D. Deshmukh, for Respondent No.1. CORAM : G.S.GODBOLE, J. DATE : 8th SEPTEMBER, 2011. P.C.: 1 Heard the learned Advocates for the parties. 2 The learned Advocate for Respondent No.1 states that Second Appeal No.144 of 2011 is already filed, challenging the same Judgment and Decree, by Respondent No.4 herein who is original Defendant No.4. Hence, RULE. Rule made returnable forthwith. Notice on Respondent Nos.2 to 4 is waived, since they are not the contesting Respondents and since as 2 23-cas-507-2011.sxw aforesaid, another Second Appeal is filed and the same is within limitation; there is no need to keep this Civil Application pending. 3 Accepting the explanation given in paragraphs 2 and 3 and keeping objections of Advocate for Respondent about the maintainability of the Second Appeal, at the instance of the Applicant on the ground that Applicant had not challenged the decree of the Trial Court in the District Court, open for being considered at the time of admission of the Second Appeal, the Civil Application is allowed in terms of prayer clause (a). 4 List this Second Appeal for admission along with Second Appeal No.144 of 2011 on 23rd September, 2011. (G.S.GODBOLE, J.)