FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION No.13227 OF 2010 IN SECOND APPEAL NO. 727 OF 2007 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's Orders Mr.M.M. Bhorikar Advocate for applicant Mr. A.I. Deshmukh, Advocate for respondent ............................. CORAM : S.V. GANGAPURWALA, J. DATE : 8th October, 2010 PER COURT : 1. Heard learned Counsels for the respective parties. The learned Counsel for the respondent states that he has no instructions in the matter, as the respondent has taken away the papers. 2. The appeal came to be dismissed, as Shri Bhokrikar, learned Counsel could no remain present due to his personal reason, and also that the appellant is old aged person. On perusal of the order dated 6th May, 2010, it appears that the Second Appeal was heard in the absence of learned Advocate of the appellant. The Court while dismissing Second Appeal in absence of learned Advocate has commented on the merits of the matter. Shri Bhorikar, states that in absence of the appellant, the appeal could not have been decided on merits and it could only dismiss the appeal under Order 41 Rule 17 of the Civil Procedure Code. 3. Be that as it may, the Court has also considered the merits, while passing the order dated 6th May, 2010. In the light of the same, the present application cannot be entertained. Liberty to the applicant to move for review or to opt for any other remedy. The Civil Application is disposed of accordingly. [ S.V. GANGAPURWALA ] JUDGE SDM 13227.10 CA