1 cas1146.11 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1146 OF 2011 IN SECOND APPEAL ST. NO. 30560 OF 2010 Shri Dattatray Rajaram Potphade & ors. ....Applicants. Vs. Shri Dilip Shivram Jadhav & ors. ....Respondents Mr. Gite h/f. Mr. M.S. Karnik, Advocate for Applicants. Mr. S.V.Dhond, Advocate for Respondent Nos. 1, 6, 12. CORAM:- GIRISH GODBOLE, J DATED:- AUGUST 20, 2011 P.C. 1. This Civil Application seeks following reliefs : “(a) this Honourable Court may be pleased to recall the Order dated 1st April, 2011 passed by the Honourable Registrar (Judicial) in Civil Application No. 6 of 2011 in Second Appeal (Stamp) No. 30561 of 2010 and further be pleased to allow the Applicants to serve the unserved Respondent Nos. 1, 6 and 12;” 2. Though there is some doubt about the question whether a Second Appeal will lie or a First Appeal, which has to be considered on the touchstone of a Second Appeal, would lie, since Advocate Mr. S.V. Dhond appears on behalf of the Respondent Nos. 1, 6 and 12 and assures 2 cas1146.11 that vakalatnama will be filed on their behalf, this Civil Application is allowed in terms of prayer clause (a). The order dated 1/4/2011 is recalled. The service on Respondent Nos. 1, 6 and 12 is treated as completed. The question regarding whether Second Appeal or First Appeal would lie will be considered in due course. (GIRISH GODBOLE, J)