1 srk FARAD CONTINUATION SHEET APPELLATE SIDE Civil Application No.314 of 2008 In Family Court Appeal No.114 of 2006 ------------------------------------------------------------ Office Notes, Office Memoranda Court’s or Judge’s orders of Coram, appearance, Court’s orders or directions and Registrar’s orders ------------------------------------------------------------ Mr.Girish Badiger for applicant. CORAM: B.H.MARLAPALLE &. A.A.SAYED,JJ. February 20, 2009. P.C. . Family Court Appeal No.114 of 2006 was waiting for admission for almost two years and on 19/9/2008 we passed a conditional order so as to give two weeks time to the appellant to furnish the present address of the respondent. As the appellant could not comply with the order dated 19/9/2008 the appeal came to be dismissed. . This application has been filed for restoration. However under Order IX Rule 5 of CPC the appeal stands dismissed 2 unless within the stipulated time of two weeks the appellant had filed an affidavit pointing out that despite his best endeavours he could not obtain the present address of the respondent. . Hence this application does not survive and the only remedy available for the appellant is to file a fresh appeal. Application is disposed as such. (A.A.SAYED,J.) (B.H.MARLAPALLE,J.)