1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1 OF 2009 IN SECOND APPEAL NO. 483 OF 1995 Smt. Shakuntala B. Kachare since deceased through legal heirs Hemant B. Kachare & ors........Applicants versus Shankar Ramswaroop Pardeshi since deceased through legal heirs Shashikala Ramswaruoop Pardeshi & ors........ Respondents. Mr. Ashok B. Tajane adv. for the Applicants Mr. A.N. Gosavi i/b P.B. Shah adv. for the respondents CORAM: A. P. DESHPANDE, J. DATED : 5th JANUARY, 2009. P.C.: 1. By the present application a prayer is made for recalling of the order passed by this court dated 22-11-2007 whereby the applicant was directed to serve the respondent within a stipulated period, failing which the application was to stand dismissed for non prosecution. The learned counsel for the respondent has no objection for allowing the application. Hence application is allowed and disposed of. (A. P. DESHPANDE, J.) 2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2 OF 2009 IN SECOND APPEAL NO. 483 OF 1995 Smt. Shakuntala B. Kachare since deceased through legal heirs Hemant B. Kachare & ors........Applicants versus Shankar Ramswaroop Pardeshi since deceased through legal heirs Shashikala Ramswaruoop Pardeshi & ors........ Respondents. Mr. Ashok B. Tajane adv. for the Applicants Mr. A.N. Gosavi i/b P.B. Shah adv. for the respondents CORAM: A. P. DESHPANDE, J. DATED : 5th JANUARY, 2009. P.C.: 1. By the present application the applicant/appellant is challenging the conditional order passed by the Registrar (Judicial) dated 13-12-1996 in the second appeal. By the said order the applicant/appellant was directed to supply court fee stamps within one week's time failing which the appeal to stand dismissed for want of prosecution as against the respondent no.2 Bhola Sahebdin Pardeshi. The learned counsel appearing for both the respondents submits that the application be allowed, however, subject to payment of costs of Rs. 2000/-. The counsel for the appellant has no objection to the same. In the 3 result, the application is allowed and disposed of, however, subject to payment of costs of Rs.2000/- to be paid by the applicant to the respondent within a period of four weeks from today. (A.P. Deshpande, J.)