IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION. APPELLATE JURISDICTION. APPELLATE JURISDICTION. CIVIL CIVIL CIVIL APPLICATION NO. 363 of 2006. APPLICATION NO. 363 of 2006. APPLICATION NO. 363 of 2006. IN IN IN SECOND SECOND SECOND APPEAL NO. 163 OF 2006 APPEAL NO. 163 OF 2006 APPEAL NO. 163 OF 2006 ----------------------------------------------------------------- Office notes, office memoranda of Coram, appearances, Court’s Court’s or Judge’s orders. orders or directions and Registrar’s orders. ----------------------------------------------------------------- Shri P.N.Mengane for the Applicant. Shri S.S.Patwardhan for the Respondent No.1. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATED DATED DATED : 29th October, 2007. : 29th October, 2007. : 29th October, 2007. P.C.: P.C.: P.C.: 1. Heard the Advocates appearing for the Applicant and the 1st Respondent. Office noting shows that the other Respondents are duly served. 2. In view of the averments made in the Application a case is made out for restoration of the Second Appeal. Accordingly application is allowed in terms of prayer clause (a). The Second Appeal shall be listed for admission on 26th November 2007. The Advocate for the Applicant to serve a private notice of the Second Appeal to the 2nd to 4th Respondents and file affidavit of service before returnable date. If affidavit of service is not filed, the Second Appeal will stand dismissed for non-prosecution as against the 2nd to 4th Respondents without further reference to the Court. Judge. Judge. Judge.