ndm 1 cas.590.09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 590 OF 2009 IN CIVIL APPLICATION NO. 1196 OF 2004 IN SECOND APPEAL (STAMP) NO. 14039 OF 2004 Anu Kom Pandu Jagtap, deceased through legal heirs. ... APPLICANTS Vs. Sopan Maruti Gaikwad, deceased through legal heirs . ... RESPONDENTS -------------- Mr. Nitin Patil i/b Uday P. Warunjikar, Advocate for the Applicants. Mr. Dyaneshwar Deshmukh, Advocate for Respondent No.3. -------------- CORAM : S.J. KATHAWALLA, J. DATE : 10 th November, 2009. P.C. 1 Civil Application No. 590 of 2009 is for restoration of Civil Application No. 1196 of 2004 for condonation of delay which was dismissed in view of the conditional order dated 15 th July, 2005. For reasons set out in the civil application, the same is allowed and Civil Application No. 1196 of 2004 is restored. 2 The advocate for the Applicants shall issue notice to the ndm 2 cas.590.09.sxw respondent Nos. 1 and 2 informing them that the Civil Application No. 1196 of 2004 for condonation of delay shall be heard on 30 th November, 2009 and that they should remain present. The respondents be further informed that, if they fail to remain present before this Court on 30 th November, 2009, this Court shall proceed with the hearing of the second appeal in their absence. Applicants to file Affidavit proving service. 3 Place Civil Application No. 1196 of 2004 for hearing on 30 th November, 2009. [ S.J. KATHAWALLA, J ]