1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2493 OF 2010 IN CIVIL APPLICATION NO.5603 OF 2005 IN FIRST APPEAL NO.2212 OF 2005 Chandrakant Vithalrao Shivarkar ..Applicant Vs. Chhotalal Nathalal Modi and ors. ..Respondents ......... Mr.Rupesh Zade i/b.Mr.R.S.Kate, for applicant. ......... CORAM: R.G.KETKAR, J. DATE : 12th JULY, 2010. P.C. : Not on board. Mentioned, in view of the urgency. 2] This application is for condonation of delay in filing the application and also for recalling the order dated 16 th October, 2006 and consequently for restoration of Civil Application No.5603 of 2005. 3] Heard Mr.Zade, learned counsel for the applicant. He states that the applicant has not handed over the possession of the suit property to the respondents/original plaintiffs. The statement is accepted. 4] Perusal of the order dated 16 th October, 2006 shows that the conditional 2493-10.sxw 2 order was passed by this court directing the applicant to take necessary steps for effecting service on the unserved respondents within four weeks from the date of order. It was made clear that in case of failure on the part of the applicant to take steps, the Appeal will stand dismissed without further reference to the court. Since no steps were taken, the appeal stood dismissed without further reference to the court. 5] After hearing learned counsel for the applicant and after going through the application, I am satisfied that the application deserves to be granted in terms of prayer clauses (a), (b) and (c). 6] Civil Application is allowed in terms of prayer clauses (a), (b) and (c). [R.G. KETKAR, J.] 2493-10.sxw 3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.5603 OF 2005 IN FIRST APPEAL NO.2212 OF 2005 Chandrakant Vithalrao Shivarkar ..Applicant Vs. Chhotalal Nathalal Modi and ors. ..Respondents ......... Mr.Rupesh Zade i/b.Mr.R.S.Kate, for applicant. ......... CORAM: R.G.KETKAR, J. DATE : 13th JULY, 2010. P.C. : Not on board. Mentioned, in view of the urgency. 2] Issue notice to the respondents, returnable on 2 nd August, 2010. The ad- interim order granted earlier in terms of prayer clause (b) of the Civil Application shall remain in force till 16 th August, 2010. [R.G. KETKAR, J.] 2493-10.sxw