1 12-cas-677-2010.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION srj CIVIL APPLICATION NO.677 OF 2010 IN SECOND APPEAL NO.531 OF 1991 Somayya R. Gundeti .. Applicant V/s. Vishnu S. Gundeti .. Respondent. Mr. V. B. Rajure, for the Applicant. None for the Respondent. CORAM : G.S.GODBOLE, J. DATE : 5th SEPTEMBER, 2011. P.C.: 1 Heard the learned Advocate for the Applicant. 2 This Civil Application which was filed in the year 2000, and which was numbered in the year 2010, sought relief of fixing early date of hearing of the Second Appeal. By order dated 16th August, 2011, the Application was disposed off. At that stage, the fact that Second Appeal No. 531 of 1991 had already been dismissed by order dated 8th April, 1999 and the fact that Civil Application No.915 of 2006 for restoration was already dismissed on 20th July, 2006, had not been indicated in the office note 2 12-cas-677-2010.sxw prepared by the office, for this Civil Application. 3 In view of this, Section Officer of Second Appeal Branch has submitted the report dated 25th August, 2011, which indicates the mistake of the office. In view of this, by order dated 25th August, 2011 passed in Chamber, this Civil Application No.677 of 2010 was directed to be placed on board for recalling the order dated 16th August, 2011. 4 In view of this, the order dated 16th August, 2011 is recalled. Civil Application No.677 of 2010 is taken on board and the same is disposed off as infructuous. 5 It is clarified that this order will not preclude the Applicant from adopting appropriate proceedings for setting aside the order dated 20th July, 2006 passed in Civil Application No.915 of 2006 and for restoration of Second Appeal No.531 of 1991 by setting aside the order dated 8th April, 1999. As and when the such Application/s is/are filed, the same will be decided on their own merits and in accordance with law. 6 Office is directed not to destroy the original proceedings of Second Appeal for a period of two years from today. (G.S.GODBOLE, J.)