1 IN THE COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.5560 OF 2008 IN CIVIL APPLICATION NO.3531 OF 2008 IN CIVIL APPLICATION NO.1095 OF 2007 IN FIRST APPEAL STAMP NO.3871 OF 2007 Raghunath Gopinath Wadve .. Appellant V/s. Pandit Bhagwan Khad & Ors. .. Respondents Mr.Ashok B.Tajane for the Appellant. None for the Respondents. CORAM : U.D.SALVI, J. DATED : FEBRUARY 10TH, 2009. P.C. Heard Mr.Tajane for the Appellant. Perused the Application and the record. Compliance of the conditional order dated 9th July, 2008 in Civil Application No.3531 of 2008 to serve 2 Respondent No.1 with the notice of this Application within four weeks remained to be done due to the lapse on the part of the clerk of the Advocate and thereof the Appeal against Respondent No.1 stood dismissed for non prosecution in terms of the order dated 9th July, 2008. The First Appeal needs to be heard on merits. Delay caused in preferring the present Civil Application appears to be unintentional. Hence, the order : :: O R D E R :: i. The conditional order dated 9th July, 2008 to serve the notice of the Civil Application No.1095 of 2007 for restoration of the First Appeal No. 3871 of 2007 is set aside. The Applicant shall serve notice of the Civil Application No.1097 of 2007 on Respondent No.1 within four weeks from the date of hearing and file affidavit of service. The First Appeal Stamp No.3871 of 2008 is restored to file as against Respondent No.1. [U.D.SALVI, J.] 3