IN THE HIGH COURT OF BOMBAY AT GOA MISC.CIVIL APPLICATION NO. 395 OF 2008 IN FIRST APPEAL NO. 239 OF 2005 THE EAST INDIA HOTELS LIMITED AND ANR. ... Applicant Versus SMT. ESPERENCE L. DIAS AND ORS ... Respondent Mr. Dajvip Patkar, Advocate for the applicant. Mr. V. A. Lawande, Advocate for the respondents no. 2 to 7. Coram:- S.C. DHARMADHIKARI & R.C. CHAVAN, JJ. Date:- 5th August, 2008 P.C. The learned counsel appearing for the applicant in support of this application for restoration submitted that a common order was passed by this Court on 19.03.2008 wherein this Court has issued a self operative direction. This Court directed all the appeals which were listed on the said date were unready and steps must be taken to serve the unserved respondents within 3 weeks. It appears that the applicants in the other matters did not take any steps and therefore their appeals were listed for disposal and dismissed as such on 21.04.2008. All appeals have been dismissed for non prosecution and also for failure of the applicants to serve the contesting parties. The appellants' appeal was one of such matters and he has taken steps to serve 10 out of 12 respondents. His submission is that his appeal could not have been dismissed as a whole. The appellant has therefore stated that the appeal be disposed off on merits and at least the respondents who were duly served. In such circumstances, copies of this application were duly served on the respondents. Learned Advocate Mr. Lawande appears on behalf of the respondents no.2 to 7. The other respondents have been duly served. Mr. Lawande has no objection to restoration of the appeal to the file of this Court. Accordingly order dated 19.03.2008 stands recalled only so far as subject appeal, First appeal No.239/2005 should now be listed for hearing by the Registry and the appellant will have an opportunity to argue the same on merits only against those respondents who are duly served. The order of dismissal stands as far as the unserved respondents. Misc. Civil Application stands disposed off in these terms. No costs. S.C. DHARMADHIKARI, J. R.C. CHAVAN, J. lh/.