1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1507 OF 2009 IN CIVIL APPLICATION NO.301 OF 2008 IN SECOND APPEAL (ST) NO.3387 OF 2008 Nivrutti Raghav Mandlik (deceased)..Applicants through legal heirs V/s. Bhima Walu Mandlik & ors ..Respondents Mr.P.N.Karlekar, Advocate, for the applicants None for the respondents CORAM : C. L. PANGARKAR, J. DATE : 11TH JANUARY, 2010 P.C. . This application has been filed for re-calling the Order dated 14th February, 2008, whereby, it was ordered that if the Affidavit of service is not filed the application for condonation of delay shall stand dismissed. 2. The learned counsel for the appellants submits that an Affidavit has already been filed showing that the notices have been 2 served and the respondents are appearing in the matter. In view of this, the Order dated 14th February, 2008, stands re-called. (C.L.PANGARKAR, J.)