1 C. A. No. 17047/2010 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 17047 OF 2010 IN FIRST APPEAL STAMP NO. 16365 OF 2008 (United India Insurance Company Ltd. Vs. 1. Sambha Datta Lone and others) Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Shri P. C. Mayure, Advocate h/f Shri S. G. Chapalgaonkar, Advocate for the Applicant. Shri D. Y. Nandedkar, Advocate for Respondent Nos. 1 and 2. CORAM : K. K. TATED, J. DATE : 15th December, 2010. PER COURT : . Heard learned counsel for the parties. Present civil application is preferred by the original respondent No. 2/Insurance Company for setting aside the conditional order dated 10th June, 2009 passed in First Appeal Stamp No. 16365/2008. Learned counsel appearing on behalf of applicant submits that the conditional order 2 C. A. No. 17047/2010 dated 10th June, 2009 was in respect of service of respondent No. 3. He submits that thereafter he preferred Civil Application No. 2673/2010. This Court (Coram : K. U. Chandiwal, J.) by order dated 26th February, 2010 allowed the applicant to bring legal heirs on record of deceased respondent No. 3 and also issued notice to newly added respondent No. 3A. In view of the order dated 26th February, 2010, the civil application is allowed in terms of prayer Clause "B" which reads as under : "B. The conditional order dated 16/06/2009 passed by this Hon'ble Court in First Appeal St. No. 16365/2008 may kindly quashed and set aside and Appeal may kindly be restored on its original position;" The civil application disposed of accordingly. 2. On payment of bhatta charges issue notice to respondent No. 3A returnable after twelve weeks. [ K. K. TATED, J.] bsb/Dec. 10