1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.9666 OF 2011 IN FIRST APPEAL ST.NO.19013 OF 2009. Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders CORAM : S.V.GANGAPURWALA,J. Date : 20.09.2011. PER COURT : 1. Heard. 2. This is an application filed for setting aside the order of dismissal of the First Appeal. 3. This Court (Coram : P.R.Borkar,J.) vide order 22.7.2010 in C.A.No.8967/2009 had directed the appellant to add Pravin Kulkarni, as a party and had also directed to issue notice to him returnable after six (6) weeks. The appellant did not comply the said order. Vide order dated 6.9.2010, conditional order was passed directing the applicants to take steps within two (2) weeks, failing which the appeal would stand dismissed. Still, thereafter, 2 steps have not been taken. It seems the office has not carried out that order and the First Appeal is shown as pending. 4. Be that as it may. The application has been filed for recalling of the said order and the applicants have shown their willingness to comply the said order and made Shri Pravin Kulkarni, as party as directed by this Court in C.A.No.8967/2009 vide order dated 22.7.2010. 5. Mr.D.K.Kulkarni, learned counsel for the Respondent strenuously opposes the application and contends that the applicants have willfully not carried out the said order. 6. The appeal deals with the rights of parties of immovable property. As such an opportunity deserves to be given to the applicants to comply the said order. 7. In the result, the application is allowed on condition that the applicants take steps to add said Pravin Kulkarni as a party within a period of one (1) week from today. In case, the applicants fail to comply the said order then the appeal along with all Civil Applications would stand dismissed. (S.V.GANGAPURWALA,J.) Dt.20.09.2011. asp/office/Ca9666.11 3