1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.1513/2010 IN FIRST APPEAL NO. 605/2006 _______________________________________________________________ Office Notes, Office } Memoranda of Coram, } Court's or Judge's orders appearances, Court's } orders or directions } and Registrar's orders } ___________________________}___________________________________ Shri P.B. Patil, Advocate for petitioners. Shri A.B. Gatne, Advocate for respondent No.2. ........................... [CORAM : K.U. CHANDIWAL, J ] DATE : 03rd FEBRUARY, 2010. PER COURT : 1 Heard Mr. Patil for the petitioners and Mr. Gatne for respondent no.2. Since the appellant did not take step for service of notice on respondent no.1, the appeal came to be dismissed. There is delay of 244 days in seeking recalling of the order. The counsel lost track of the conditional order passed by this Court. Sufficient reasons are assigned for such omission. It should not go to 2 the root of the matter barring the appellant from staking claim. Consequently, delay of 244 days in preferring civil application condoned. The order of dismissal of appeal as against respondent no. 1 is recalled. The application is allowed. 2 Issue Notice to respondent no.1 by Court process and also by registered post A.D. on the same address. Since there is prayer for effecting the notice in local news paper, I do not see any oblique intention on the part of appellant herein in such exercise. Consequently, request made by learned counsel for the petitioner to get publication of the notice in the local news paper for service on respondent no.1 at the cost of appellant is allowed. There shall be gap of 30 days between the publication and date in the Court. 3 S.O. to 31st March, 2010. [ K.U. CHANDIWAL, J ] tsk/ca513.10