1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1501 OF 2008 IN CIVIL APPLICATION NO.823 OF 2007 IN SECOND APPEAL (ST.)NO.11107 OF 2007 Govind Krishna Gholap .. Applicant V/s. Maharudra Ghanshyam Ghon (Since deceased through his LR's) Smt.Kantabai Maharudra Ghon & Ors. ..Respondents Mr.Nilesh Bhutekar i/b.Mr.Uday Warunjikar for the Appellant/Applicant. Mr.Pramod Kathore i/b.M/s.N.Deepak & Co. for the Respondents. CORAM : R.M.SAVANT, J. DATED : 11TH SEPTEMBER, 2008. P.C. By the above Civil Application, the Applicant prays for restoration of Civil Application No.823 of 2007 filed in Second Appeal 2 Stamp No.11107 pf 2007. The Civil Application has been rejected on account of the conditional order dated 22nd November, 2007. By the said order the Applicant was directed to serve the Respondents and file affidavit of service and in case of default, the Civil Application was to stand dismissed for non-prosecution. The case of the Applicant is that some of the Respondents were served, however the affidavit of service could not be filed on account of the fact that all the Respondents were not served. 2. In the above Civil Application, the Respondents are now represented by Advocates and hence, the said office objection now does not survive. The Civil Application is, therefore, allowed in terms of prayer clause 'b'. Resultantly, the Civil Application No.823 of 2007 restored to file. 3 3. Place the said Civil Application No.823 of 2007 for hearing on 26th September, 2008. 4. The Civil Application is, accordingly, disposed of. [R.M.SAVANT, J.]