FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 4335 OF 2007 WITH CIVIL APPLICATION NO. 4334 OF 2007 IN FIRST APPEAL NO. 1593 OF 2004 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ This application is for setting aside the order dated 19.12.2006, passed by the learned Registrar and for issuing fresh notice to respondent No.1 on the same address given earlier and civil application No. 4334 of 2007 is for condonation of delay of 72 days caused in filing the application for setting aside the order dated 19.12.2006. By order dated 19.12.2006, the learned Registrar dismissed the appeal against respondent No.1 for not taking steps for effecting service on the said respondent. Heard Shri R.S. Kasar, learned counsel for the applicant. In my opinion, the applicant has made out case for setting aside the order dated 19.12.2006, as also for issuing fresh notice to respondent No.1 on the same address by condoning the delay. I am satisfied that the delay is not occasioned either deliberately or intentionally. In the result, civil application No. 4335 of 2007 is allowed in terms of prayer clause "B" and "C" with no order as to costs. Office to issue fresh notice to the respondent No.1 on the same address. Notice returnable after six weeks. Civil application stands disposed of. Civil application No. 4334 of 2007 is allowed in terms of prayer clause "B" with no order as to costs. (R.G. KETKAR, J.) Date:10.12.2009. rlj/