1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1638 OF 2008 IN SECOND APPEAL NO.308 OF 2008 Eknath Shankar Jambhale and ors. ..Applicants Vs. Parvati Shankar Jambhale and anr. ..Respondents ......... Mr.Pravartak Pathak i/b.Mr.U.P.Warunjikar, for applicants. Mr.M.S.Lagu, for respondent nos.1 and 2. ......... CORAM: R.G.KETKAR, J. DATE : 11th JUNE, 2010. P.C. : Heard Mr.Pravartak Pathak, learned counsel for the applicants and Mr.M.S.Lagu, learned counsel for the respondent nos.1 and 2. 2] This Civil Application was heard on 16 th April, 2010 and, on that date, the court recorded that the counsel for the respondent no.1 was absent and the advocate holding for the counsel for respondent no.1 sought adjourned on the ground that he has filed leave note. By consent, hearing of the Civil Application was adjourned to 23 rd April, 2010. On 23 rd April, 2010, this Court removed the matter from the board on the ground that it was wrongly placed on the board. 1638-08.sxw 2 3] Learned counsel appearing for the respondent nos.1 and 2 have filed a praecipe dated 27 th April, 2010 setting out therein that when the Civil Application was heard on 16 th April, 2010, this Court dismissed the same by a speaking order. The said order was passed after hearing both the sides. Now, there is consensus between learned counsel for the parties that the order dated 16 th April, 2010 does not reflect that the Civil Application is dismissed after hearing both the sides. Learned counsel appearing for both the sides agreed for the modification of the said order. They further submit that the Court was pleased to dismiss the Civil Application and fix the Second Appeal for final hearing in July, 2010. 4] In view of the agreement between learned counsel for the parties, the order dated 16 th April, 2010 in Civil Application No.1638 of 2008 is recalled and in its place following order is substituted :- (a) By consent, Civil Application No.1638 of 2008 is dismissed with no order as to the costs. (b) Hearing of the Second Appeal is expedited and the appeal is to be listed for final hearing in the week commencing from 12 th July, 2010. (c) Appellants to supply private paper book before the next date of hearing. [R.G. KETKAR, J.] 1638-08.sxw