CAS. 452-11 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 452 OF 2011 IN SECOND APEAL (St.) No. 30802 OF 2006 Hanmant Bapu Lohar & Ors. ... Applicants Vs. Maruti Nagu Lohar & Anr. ... Respondents *** Mr. Pathak i/b Uday P. Warunjikar, for the Applicants. *** CORAM: V. M. KANADE J. DATE : MARCH 23, 2011 P.C. 1. Not on board. Upon mentioning, taken on board. 2. Heard the learned counsel appearing on behalf of the applicants. Since no notice was issued to the respondents in the Second Appeal, in my view, now, it is not necessary to issue notice to the respondents in the present Civil Application. For the reasons stated in the application, the delay caused in filing the present application is caused, and the order dated 13th February, 2008 is recalled and thereby Second Appeal (St.) No. 30802 of 2006 is restored to the file. By an order 21st April 2007 the applicant was directed to pay costs of Rs.500/- within 4 CAS. 452-11 - 2 - weeks. The said time is extended till 25-3-2011. Civil Application is accordingly disposed of. 2. The learned counsel for the applicant submits that respondents are likely to execute the judgment & decree of the trial Court. In this view of the matter, the judgment & decree impugned in the Second Appeal is stayed till the next date. Second Appeal be placed on admission board on 25-3-2011. [ V. M. KANADE J.]