rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 69 OF 2009 CIVIL APPLICATION NO. 69 OF 2009 CIVIL APPLICATION NO. 69 OF 2009 IN IN IN SECOND APPEAL NO. 251 OF 2004 SECOND APPEAL NO. 251 OF 2004 SECOND APPEAL NO. 251 OF 2004 Smt.Savitribai Rangrao Patil .. Applicant Vs. Sakharam Dnyanu Patil & Ors. .. Respondents Mr.P.R.Arjunwadkar for the Applicant. Ms.Pratiksha Mohite i/b.Mr.Pratap Patil for Respondent No.1. CORAM : A.P.DESHPANDE, J. CORAM : A.P.DESHPANDE, J. CORAM : A.P.DESHPANDE, J. DATED : 17TH JANUARY, 2009 DATED : 17TH JANUARY, 2009 DATED : 17TH JANUARY, 2009 P.C. P.C. P.C. . Heard the learned counsel for the Appellant/Applicant and the learned counsel for Respondent No.1. 2. The Appeal has been admitted and the stay application came to be dismissed later for non payment of Bhatta by the Appellant for effecting the service on Respondent Nos.2,3 and 4. With a view to seek restoration of the stay application, the present application has been filed. At the outset, the learned counsel for the Appellant submits that he be granted the permission to delet Respondent Nos.2,3 and 4 and informs that the Appellant is not pressing the ( 2 ) application against the said Respondents. Thus, Respondent Nos.2,3 and 4 in the present application are permitted be deleted at the risk of Appellant/Applicant. In view of the deletion of Respondent Nos.2,3 and 4 in this application no relief can be sought against the said Respondents. For the reasons stated in the application and more so as the Respondent Nos.2,3 and 4 are deleted, the order dated 17th December, 2007 passed by this Court is set aside and the application is restored to file. . The copy of the impugned order is taken on record and marked "X". (A.P.DESHPANDE, J.) (A.P.DESHPANDE, J.) (A.P.DESHPANDE, J.)