1 33.cas1653.09 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1653 OF 2009 IN SECOND APPEAL NO. 46 OF 2008 Shri Sadanand Tukaram Pednekar & ors. ....Applicants. Vs. Shri Madhukar K. Khanolkar ....Respondent. Mr. A.G. Kundekar, Advocate for Applicants. Mr. G.V.Limaye, Advocate for Respondent. CORAM:- GIRISH GODBOLE, J DATED:- SEPTEMBER 20, 2011 P.C. 1. This Civil Application has been filed by the Respondents in the Second Appeal for recalling the Order dated 24/11/2009 passed in Civil Application No. 92 of 2008. It is clear that the said order was passed on the assumption that the Second Appeal had been admitted and while passing the said order, subsequent order passed by the learned Single Judge (A.P. Deshpande, J) in Second Appeal dated 30/3/2009 had not been noticed. On this solitary ground alone this Civil Application is allowed and the Order dated 24/11/2009 is recalled. Consequently, Civil Application No. 92 of 2008 is restored to its file for being heard on merits. (GIRISH GODBOLE, J)