1 ca7749.10 FARAD CONTINUATION SHEET NO . IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.7749 OF 2010 IN CIVIL APPLICATION NO. 1525 OF 2009 IN SECOND APPEAL ST. NO. 843 OF 2008 [Bhavanji Lakhmasi Bhate vs. Sahebrao Lala Desale & Ors. ] Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. U.S. Malte, Advocate for applicant. CORAM : S.S. SHINDE, J. DATE : 15TH DECEMBER, 2011 PER COURT : . Heard learned Counsel for the applicant. In spite of service, none appears for the respondent. This Court on 06-07-2009 passed conditional order thereby directing the petitioner to take steps within six weeks in respect of respondent No.5, however, the same steps are not taken by the petitioner and therefore, the second appeal stood dismissed qua 2 ca7749.10 respondent No.5. 2. Learned Counsel for the applicant invited my attention to the contents of the application and submitted that, due to old age of the applicant, instructions were not received within time and therefore, the Counsel for the petitioner could not take steps qua respondent No.5. 3. Upon perusal of the contents of the application, I am satisfied that, the case is made out to allow this application in terms of prayer clause (A)(B)(C)and (D). Accordingly, Civil Application is allowed and stands disposed of. . Issue notice to respondent No.5 on the address given in para-5 of the application, returnable on 18-01-2012. [S.S. SHINDE, J.] sut/DEC11