1 36.cas1300.11 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1300 OF 2011 IN SECOND APPEAL NO. 624 OF 2010 Bashir Khutub Mujawar & anr. ....Applicants. Vs. Pandurang Govind Koli since deceased through Lrs. Chandrakant P. Koli & ors. ....Respondents. Mrs. Vaishali S. Nimbalkar h/f. T.S.Ingale, Advocate for Applicants. CORAM:- GIRISH GODBOLE, J DATED:- SEPTEMBER 27, 2011 P.C. 1. Heard Mrs. Nimbalkar, Advocate for Applicants. Perusal of the record shows that when notice before admission was issued on 2/12/2010, the Court had not passed any conditional order of dismissal and hence the Registrar(Judicial I) could not have passed a conditional order dated 7/3/2011 as it was necessary to list the Second Appeal before the Court. 2. In this view of the matter, accepting the explanation given in paragraph-3, the Civil Application is allowed in terms of prayer 2 36.cas1300.11 clauses (a), (b) and (c) without issuing notice to the Respondents though copy is already served to Respondent Nos. 2 through Advocate who is appearing. 3. Leave to correct the title of the Second Appeal and Civil Application No. 1568 of 2010 by correcting address of the Respondent No. 1C is granted. Amendment to be carried out forthwith in Court. Issue fresh notice to Respondent No. 1C, returnable after 8 weeks. 4. In addition to service through Court, Advocate of the Applicant/s is also permitted to send private notice by RPAD or Speed Post AD and file Affidavit of Service only if acknowledgment is received or postal envelope is returned with remark “refused”. 5. The Second Appeal/CA will however be heard either after Court service notices are served or Respondent/s appear through Advocate by filing Vakalatnama on service of private notice. (GIRISH GODBOLE, J)