IN THE HIGH COURT OF BOMBAY AT GOA MISC.CIVIL APPLICATION NO. 295 OF 2009 IN SECOND APPEAL NO. 5 OF 2006 THE FABRICA COMMITTEE OF GUARDIAN ANGEL CHURCH THROUGH IT'S ATTORNEY SHRI JOHN CAETAN FERNANDES, ... Applicant Versus SHRI RAJENDRA VAMAN SINAI KUDCHADKER AND 3 ORS., ... Respondents Mr. Sudesh Usgaonkar, Advocate for the applicant. Coram:- S.B. DESHMUKH, J. Date:- 29th September, 2009 P.C. The Counsel appearing for the applicant submits that the appeal was admitted by this Court, after hearing the Counsel appearing for the applicant/appellant. This appeal has been dismissed by an order passed by the learned Single Judge of this Court, against respondents No.1 and 2 alone. That order is dated 16.2.2009. Advocate for the applicant has made available copy of the order. It is marked "X" for identification. Taken on record. 2. By this application, the applicant seeks setting aside of the order of dismissal against respondents No.1 and 2 and restoration of the appeal. In my view, hearing of respondents No.3 and 4, so far as present application is concerned, is not necessary. 3. For the reasons stated in the application, I am inclined to consider this application, favourably. Civil application, accordingly, is allowed in terms of the prayer. Order passed by this Court on 16.2.2009 stands quashed and set aside. Appeal stands restored against respondents No.1 and 2. 4. Notice of final hearing of the appeal because of this restoration, to be issued to respondents No.1 and 2, returnable in two weeks. Counsel for the applicant/appellant submits that respondents No.3 and 4 are served in the appeal. However, none appears for them. S.B. DESHMUKH, J. ssm.