1 C. A. No. 18337/2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 18337 OF 2010 IN CIVIL APPLICATION NO. 9381 OF 2009 IN FIRST APPEAL NO. 643 OF 2006 Divisional Controller M.S.R.T.C. Jalgaon .. Applicant Versus Gaba Gajmal Sawant (Chambhhar) .. Respondent Shri M. K. Goyanka, Advocate for the Applicant. CORAM : K. K. TATED, J. DATE : 22ND DECEMBER, 2010. PER COURT : . Heard learned counsel Mr. Goyanka, for applicant. The present civil application is preferred by the original respondent for recalling the conditional order dated 27th April, 2010 passed by this Court. Learned counsel appearing on behalf of applicant submits that initially notice issued to the respondent returned 2 C. A. No. 18337/2010 unserved with bailiff remark that not residing on the address. Learned counsel appearing on behalf of applicant submits that thereafter this Court passed conditional order on 27th April, 2010 to take immediate steps to serve the respondent. The applicant submits that he made enquiry through their officer. They learnt that the respondent is residing on same address in same village. He submits that concerned officer took some time to submit his report. 2. Considering the submissions made by the learned counsel appearing on behalf of applicant and the avernments made in the civil application, the civil application is allowed in terms of prayer clause "B", which reads as under : B) The order passed by the Ld. Registrar of this Hon'ble High Court thereby dismissing the civil application No. 9548/2009 in pursuance to the order dtd. 27.04.2010 passed by this Hon'ble Court may please be quashed and set aside and the Civil Application may be restored in its original position. 3. Office is directed to issue notice to respondent returnable on 16th March, 2010 in civil application for stay and condonation of delay. 3 C. A. No. 18337/2010 4. In addition to usual mode of service the applicant is directed to serve the respondent by private notice through advocate and file affidavit of service on or before next date. The civil application disposed of. [K. K. TATED, J.] bsb/Dec. 10