*1* 29.cas1228.10 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1228 OF 2010 IN SECOND APPEAL NO. 163 OF 2008 Shri Shabbir Mohammadhusen Attar ..Applicant -Versus- Smt.Nilawwa Channappa Halwai & Ors. ..Respondents .......... Mr.Tejpal S. Ingale for the Applicant. Mr.Nilesh Wable i/by Mr.Umesh Mankapure for Respondent Nos.4/3. Mr.Vinod Jadhav i/by Mr.Vijay Patil for Respondent Nos.10/1 to 10/4 & 11/1, 11/2, 11/4, 11/5. .......... CORAM : K.K. TATED, J. DATE : 7TH FEBRUARY 2011. P.C. 1 Heard learned counsel appearing for parties. 2 This civil application is preferred by the original defendant no.13 for recalling the order dated 25th June 2009 passed by this court (Coram : Smt.Justice R.P.SoundurBaldota, J.). This court by order dated 25th June 2009 passed conditional order directing the applicant to serve all the respondents within ten weeks. *2* 29.cas1228.10 3 The learned counsel appearing on behalf of the applicant submits that notice issued to respondent no. 2(1) was returned unserved for want of time and private notice issued also returned back with incomplete address. 3 Though respondent no.2(1) duly served in the civil application, no one appeared on their behalf when the matter is called out. 4 Considering the submissions made by the learned counsel appearing on behalf of the applicant and the averments made in the civil application, the civil application is allowed in terms of prayer clauses (a) and (b), which reads as under : “(a) The order dated 25/6/2009 passed by this Hon’ble Court in the abovesaid Second Appeal and Civil Application dismissing the Appeal for want of prosecution be kindly set aside and the abovesaid Second Appeal No. 163 of 2008 and Civil Application No.882 of 2008 filed therein be kindly restored to file alongwith interim orders passed therein; (b) The notice of the abovesaid Second Appeal and Civil Application be kindly issued a fresh to Respondent No.2(1).” 5 The civil application is disposed off accordingly. ( K.K. TATED, J.)