1 24-cas-968-2011.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY srj CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 968 OF 2011 IN SECOND APPEAL (ST) NO.43878 OF 2003 Shri Sahebrao A. Dhane .. Applicant. V/s. Shri Baban A. Dhane & Others .. Respondents. Mr. N. D. Pote i/b. Mr. Uday Warunjikar, for the Applicant. Mr. A. P. Vanarse, for Respondent No.1 & 2. CORAM : G.S.GODBOLE, J. DATE : 25th AUGUST, 2011. P.C.: 1 Office remark indicates that no steps are taken for bringing the heirs of deceased Respondent Nos. 7, 18, and 22­B on record. 2 Heard the Advocate appearing for Respondent Nos.1 and 2/ Original Plaintiffs who are the only contesting Respondents and Mr. Warunjikar, appearing for Applicant who is Defendant No.1, against whom the decree is passed. 2 24-cas-968-2011.sxw 3 The learned Advocate for Respondent Nos.1 & 2 has drawn my attention to the Judgment in Regular Civil Suit No. 465 of 1990, which indicates in paragraph 2 that even according to the Plaintiff, Defendant Nos.2 to 21 were formal parties, the said Defendants had remained absent and did not take part in the suit and that the decree was passed only against Defendant No.1. Even in the Appeal, filed in the District Court, which has been dismissed, this fact is recorded in paragraph 5 of the said Judgment. 4 It is, therefore, clear that the said Respondent Nos.3 to 22 are formal parties and the Appeal filed in the year 2003 with application for condonation of delay was unnecessarily kept pending for last eight years. 5 In view of this, service of notice on the said Respondents is completely unnecessary and the same is waived. 6 Heard the learned Advocates for the parties on this Civil Application which seeks restoration by re­calling the order dated 24th June, 2011. Sufficient grounds are made out. Civil Application is allowed in terms of prayer clause (a) and C.A. 152 of 2004 is restored, subject to payment of costs of Rs.1,500/­ to be paid to the Respondents No.1 & 2. 3 24-cas-968-2011.sxw 7 The earlier interim order to continue till 29th September, 2011. (G.S.GODBOLE, J.)