1 CAS153.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.153 OF 2011 IN SECOND APPEAL (STAMP) NO.17146 OF 2009 Shri Dattu Ganapati Kadam ..... Applicant. V/s Shri Ramrao Krishnarao Kadam and others ..... Respondents. Mr. V.V. Salunke i/b Mr. P.B. Shah for the applicant. Mentioned, not on board: CORAM: V. M. KANADE, J. DATE : 24th January, 2011 P.C.:- 1. Since, the second appeal was dismissed on account of conditional order passed by the Additional Registrar and no notice was issued to the Respondents, in my view, for the reasons stated in the application, it would be appropriate if the said order is recalled without issuing notice to the Respondents. 2. Delay in filing this application is condoned for the 2 CAS153.11 reasons stated in the application. Application is allowed. For the reasons stated in the application, order dated 13/1/2010 is set aside. Four weeks’ time is granted to the applicant to file fresh typed copies of the judgment of the Trial Court and Grounds of Appeal before the District Court. 3. Civil Application is accordingly disposed off. (V.M. KANADE, J.) 3 CAS153.11