1 28-cas-33-2010.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY srj CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 33 OF 2010 IN SECOND APPEAL NO.437 OF 2009 Shri Dharma M. Kadam .. Applicant V/s. Shri Govind M. Kadam (since deceased) through his Legal Heirs & Others .. Respondents. Mr. Kiran Kandpile, for the Applicant. Mr. A. S. Gadre, for Respondent Nos,1-1/3 and 2. CORAM : G.S.GODBOLE, J. DATE : 18th AUGUST, 2011. P.C.: 1 This Civil Application seeks following reliefs:- (a) that the order dated 12/11/2009 passed in Second Appeal No. 437 of 2009 dismissing the same for default may kindly be set aside and the same be restored and heard on merit. (b) that the delay in filing this Application may be condoned. 2 28-cas-33-2010.odt 2 Office note shows that the Civil Application is dismissed against unserved Respondent No.1/5. However, since the other heirs of deceased Respondent No.1 are already served and are appearing through Advocate and since at the time of passing of order of dismissal on 12th November, 2009, neither the Applicant nor the Respondents were present, this Civil Application deserves to be allowed by accepting the reasons indicated in paragraphs 3 and 4 of the Civil Application. Civil Application is allowed in terms of prayer clauses (a) and (b). 3 List the Second Appeal for admission as per C.M.I.S. Programme. (G.S.GODBOLE, J.)