1 (CAS1236/2009) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1236 OF 2009 IN SECOND APPEAL NO.269 OF 2004 Gulab Hariba Mohite since deceased, through his legal heirs, 1(a) Shivaji Gulabrao Mohite and others .... Applicants. V/s. Ramchandra Ganpati Kumbhar and others .... Respondents. Mr. Ajit Kenjule for the applicants. Mr. Mahesh Rawool i/b Mr. P.B. Shah for Respondent Nos. 1 to 3. CORAM: V. M. KANADE, J. DATE : 11th March, 2011 P.C.:- 1. Heard the learned Counsel for the applicants and the learned Counsel for the respondents. 2. This application is filed for recalling the order dated 21/10/2005. By the said order, a conditional order was passed by the Court directing the applicants to take 2 (CAS1236/2009) necessary steps to serve respondent No.4 within four weeks from the date of the order failing which a further direction was given that the matter shall stand dismissed without further reference to the Court. 3. Counsel for the applicants submitted that the remark made by the office that the respondent No.4 is dead was incorrect. He secondly submitted that he has already paid Bhatta for the purpose of issuing fresh notice to respondent No.4. It is, therefore, submitted that the said order be recalled. 4. Delay caused in filing the application is condoned for the reasons stated in the application. It appears that the applicant was not present when conditional order was passed. 5. Civil Application is therefore allowed and the Civil Application for stay is restored to the file. The relief granted by this Court in the Civil Application is also restored. 6. Place the second appeal for final disposal on the supplementary board on 25/03/2011. (V.M. KANADE, J.) 3 (CAS1236/2009)