CAS.1420-10 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 1420 OF 2010 IN SECOND APPEAL No. 559 OF 2006 Dattatray S. Jagtap & Ors. ...Applicants Vs. Rajendra B. Jagtap & Ors. ...Respondents *** Mr. H. D. Gole, for the Applicants. *** CORAM: V. M. KANADE J. DATE : FEBRUARY 17, 2011 P.C. 1. Heard the learned counsel appearing on behalf of the applicants. Notice before admission was issued to respondent No.1 by this Court. However, the said notice was received back with the bailiff’s remark “dead”. Thereafter on 21-6-2010 Second Appeal was listed before the learned Registrar (Judicial) who was pleased to pass a conditional order, granting four weeks time to take steps. The applicants have given the reasons why steps were not taken within 4 weeks in paragraph 4 and 5 of the application. In my view, it is not necessary to issue notice in this Civil Application, since the appeal was dismissed CAS.1420-10 - 2 - before notice could be served on the respondents. For the reasons stated in the application, therefore, the conditional order dated 21-6-2010 passed by the Registrar (Judicial) is recalled and the Second Appeal No. 559 of 2006 is restored to the file. The learned counsel further submits that he will file separate civil application for bringing legal heirs of deceased respondent No.1 on record and therefore, does not press prayer clauses (b) and (c). Civil application is, accordingly, allowed and disposed of in terms of prayer clause (a). [ V. M. KANADE J.]