1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY C IVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2811 OF 2009 IN FIRST APPEAL NO. 1186 OF 1989 The State of Maharshtra ... Applicant (Orig. opponent) Vs. Smt. Godavaribai w/o. Gangadhar Yalmame since deceased through her legal heirs : 1A.Yadavrao Gangadhar Yalmame & Ors. Respoondents (Orig. claimans) Mr. S.N.Gawde, AGP, for the Applicant/State. CORAM: J.H.BHATIA,J. DATE : 20th July, 2009. P.C. 1. By order dated 5.6.2008, the applicant was directed to serve the unserved respondents and remove office objections within four weeks, failing which the matter was directed to stand dismissed without reference to the Court. Accordingly, by Registrar’s order dated 27.2.2009, the Civil Application as well as the Appeal were dismissed. 2. It appears that some of the respondents in the Civil Application were already served and therefore the appeal could not have been dismissed in toto. It 2 ought to have been dismissed only in respect of unserved respoondents. By this application, the applicant seeks to recall that order dated 5.6.2008 and also the dismissal order. 3. In view of this, delay in filing this Application is condoned. The order dated 5.6.2008 is recalled and the order dated 27.2.2009 is hereby set aside subject to the condition that the applicant shall take steps to bring the L.rs. Of the deceased-respondents and to serve the other respondents within four weeks from today. (J.H.BHATIA,J.)