1 caf989-10 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURSIDICTION CIVIL APPLICATION NO. 989 OF 2010 IN FIRST APPEAL NO. 1058 OF 1998 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. ..... Ms. Manisha Patil i/b. Mr. Nandu Pawar for the applicant. Mr. V. V. Salunke i.b. Mr. P. B.Shah for respondent Nos.1 and 2. ..... CORAM : A.S.OKA, J. DATE : JULY 28, 2011. P.C.: Heard the advocate for the applicant and the learned advocate for the respondent Nos. 1 and 2. The prayer in this application is for recalling the order dated 8th February, 2010 passed in Civil Application No.2935 of 2009. The said Civil Application was taken out by the first and second respondents. One of the grounds taken in this application is that the applicant was not even served with a copy of the said Civil Application. By order dated 6th July, 2 caf989-10 2011, this Court granted time to 1st and 2nd respondents to file an affidavit stating that a copy of the said Civil Application was served to the applicant. However, till today, such affidavit has not been filed. There is nothing on record to show that a copy of the Civil Application was served to the applicant. 2. Hence, I pass the following order: :: O R D E R :: i. Application is allowed in terms of prayer clause (a). ii. Civil Application No.2935 of 2009 is restored which shall be placed for hearing on 24th August, 2011. (A.S.OKA, J.)