IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.262 OF 2009 IN SECOND APPEAL NO.1 OF 2008 Baliram Rajaram Doke )..Applicant V/s. Bharat Hambirrao Doke )..Respondent ---- Mr.Ashutosh M. Kulkarni for the applicant. Mr.G.S.Godbole for the respondent. ---- Coram : R.S.Mohite,J Date : 17.02.2009. PC 1. This is an Application moved for re-calling of my order dated 28.4.2008. By the said order the Second Appeal was admitted on two substantial questions. It is contended that the first question was framed because an un-amended copy of the plaint was shown to the Court. Both parties agree that by a subsequent amendment to the plaint, a prayer for possession was in fact made. That being the admitted position, the first substantial question of law does not survive. However, since the matter has also been admitted on 2nd question regarding which there is no grievance in this C.A., in my view, it is not necessary to re-call the order dated 28.4.2008. Civil Application disposed off with the aforesaid clarification. (R.S.Mohite,J)