1 29 caf.1765.11 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1765 OF 2011 IN FIRST APPEAL (stamp) NO. 18342 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. L.S.Gore for the Applicant. Ms Gayatri Sharma a/w A. Hobo i/b Mr. Sachin Dhakephalkar for Respondent No.1. CORAM : A.S.OKA, J. DATE : 08 th August, 2011. P.C. . The learned counsel appearing for the Applicant states that private notice has been served to Respondent No.2. Affidavit of service is taken on record. After the submissions were made by the learned counsel appearing for the Applicant on this Application, time was sought on behalf of Respondent No.1 on the ground that concerned counsel is not available. Time cannot be granted. Time should have been sought before the learned counsel appearing for the Applicant argued the matter. 2 29 caf.1765.11 2 Perused the impugned decree. The Applicant alongwith his two brothers are claiming to be the landlords of the suit plot of land. There is an ex-parte decree passed against Respondent No.2. According to the case of the Applicant, certain flats were allotted to him and his brothers. His submission is that rights of the Applicant will be affected by the impugned decree. Perused the reply filed by Respondent No.1. 3 In view of the averments made in the application, a case is made out for grant of leave to prefer an appeal. Accordingly, the application is allowed in terms of prayer clause (a). [ A.S.OKA, J ]