1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION jmi CIVIL APPLICATION NO.1494 OF 2009 IN SECOND APPEAL NO.666 OF 2007. Vinayak Pralhad Vhale. ..Applicant. v/s. Guruba Shankar Gade, since deceased through legal heirs & Ors. ..Respondents. .... Mr. T.D. Deshmukh, for Applicant. Mr. Prashant Suryawanshi, i/b. G.M. Savagare, for Resondent Nos. 1A to 1D. .... CORAM : S.J.KATHAWALLA, J. DATE : 7TH NOVEMBER 2009. P.C. By this civil application, the applicant is seeking recall of the order dated 2nd May 2008 and to restore the original second appeal no.666 of 2007 alongwith ad-interim/ interim reliefs, if any. 2. The civil application is allowed in terms of prayer clause (b). However, the appellant shall pay cost of Rs.3,000/- to respondent nos.1A to 1D. The appellant shall issue private notice to the respondents and complete service within a period of four weeks from today, failing which the appeal shall stand dismissed. Appellant to also file affidavit proving service. 3. Place the appeal for admission on 5th December 2009. [ S.J.KATHAWALLA, J. ]