1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.221 OF 2009 IN SECOND APPEAL (STAMP) NO. 597 OF 1998 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr I.M.Khairdi for the applicant. CORAM : K.K.TATED,J. DATE : 10/02/2011. PC: 1 Heard learned counsel for applicant. Though respondent no.1A served, none appeared on behalf of respondent no.1A when the matter is called out. 2 The present civil application is for extension of time to comply the order dated 31st January, 2008 and for recalling the order dated 15th December, 2008. 3 Considering the submissions made by the learned counsel appearing on behalf of the applicant and the averments 2 made in the civil application, civil application is allowed in terms of prayer clauses (b) and (c) which reads as under: “(b) this Hon’ble Court be pleased to allow present civil application & to restore the Civil Application No.1655 of 2007 back to the file, by extending time to serve R.No.1A, as per the order dated 31.1.2008 and be further pleased to extend the time to serve the legal heirs of deceased Respondent; (c ) this Hon’ble Court be pleased to restore the Second Appeal No.597 of 1998 back to the file, by setting aside the abatement order dated 15.12.2008;” 4 Applicant to pay bhatta charges within a three weeks from today. On payment of bhatta charges, issue notice to respondent no.1A in civil application no. 1655 of 2007, returnable on 05.05.2011. 5 Civil application is disposed of accordingly. (K.K.TATED,J.)