1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.4438 OF 2009 IN SECOND APPEAL ST.NO.12955 OF 2007 Narhar s/o Atmaram Yeole, R/o-Lamkani Village, Taluka & Dist-Dhule ...APPLICANT. VERSUS Purushottam Shankar Sonar, R/o-Professor Colony, Deopur, Dhule, Dist-Dhule and others. ...RESPONDENTS. ... Mr.S.P. Shah Advocate for Applicant. None present for Respondents. ... CORAM: K.K. TATED, J. DATE : 6TH JULY, 2009. PER COURT : 1. Heard learned counsel for the Applicant. 2. Present Civil Application is for issuing fresh 2 notice on Respondent Nos. 6, 9, 10, 11 and 12 on their present correct address as mentioned in Para 4 of the Application. 3. Learned counsel for the Applicant states that though prayer clause (B) in the present Civil Application is made for dispensing with the affidavit in support of present Civil Application, Applicant already filed Civil Application St. No.10553 of 2009 for same cause of action with affidavit. Therefore, Civil Application St. No.10553 of 2009 be treated as affidavit in support of present Civil Application. 4. Considering the averments made in present Civil Application, the same is allowed in terms of prayer clause (C) which reads as under: "(C) The Hon'ble High Court may be pleased to issue fresh notices to Respondent Nos. 6, 9, 10, 11 and 12 on the address mentioned in Paragraph No.4 of the present Civil Application." 5. Office is directed to issue fresh notices to Respondent Nos. 6, 9, 10, 11 and 12 on their present 3 correct address returnable on 17th August, 2009. Office is further directed to annex Civil Application St. No. 10553 of 2009 with the present Civil Application as affidavit in support of present Civil Application. 6. Civil Application is disposed of accordingly. [K.K. TATED, J.] asb/JULY09/ca4438.09