1 19.cas1287.10 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1287 OF 2010 IN SECOND APPEAL ST. NO. 21263 OF 2010 Shri Shripal Kallappa Magdum. ....Applicant. Vs. Jinnappa Appa Magdum & ors. ....Respondents. Mr. Manoj Patil, Advocate for Applicant. Mr. Vijay Killedar, Advocate for Respondent Nos. 1, 2, 4 and 5. CORAM:- GIRISH GODBOLE, J DATED:- OCTOBER 3, 2011 P.C. 1. All Respondents except Respondent No. 6 are served. Hence Civil Application is shown to have dismissed as against the Respondent No. 6. The Appellant is original Defendant No. 1 in R.C. Suit No. 57/1998 in which Respondent No. 6 Sou. Gangubai Bandu Patil was original Defendant No. 3 and the record shows that the Defendant Nos. 1 and 2 were the contesting Respondents whereas the Respondent Nos. 3 to 7 were proceeded exparte. The Suit was decreed 23/9/1999 leading to filing of Appeal No. 457 of 1999 which was renumbered as Civil Appeal No. 2 19.cas1287.10 57/2004 and in the said Appeal Gangubai Patil was Respondent No.3. None appeared on behalf of Respondent No. 3 at the time of hearing of that Appeal. In view of this service on Respondent No. 6 is waived. 2. Civil Application is strongly opposed by the Counsel for the Respondent Nos. 1, 2, 4 and 5. However, accepting reasons given in paragraph-4 to 6, delay is condoned. Civil Application is disposed off accordingly. List the Second Appeal for admission on 22nd November, 2011. (GIRISH GODBOLE, J)