1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD C Civil Application No.4486 of 2004 In Second Appeal No. 635 of 1999 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Shri B.R.Sontakke Patil, Advocate, for applicant. 2. This is an application for setting aside dismissal order passed on 3.10.2002 in the second appeal and for restoration of the appeal. However, the application has been dismissed against respondent No.1 who was original plaintiff, by order dated 17.1.2009. 3. In the circumstances, when the main contesting party is no more a 2 party to this application, the application cannot be allowed and hence dismissed. Date:26.06.2009 pnd/ca4486.04 (P.R.BORKAR,J.)