* 1 * C.A.4724.2010 in F.A. 1876.2002 18.3.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4724 OF 2010 [FOR RESTORATION] IN FIRST APPEAL NO. 1876 OF 2002 IN M.A.C.P. NO. 555 OF 1994 The State of Maharashtra (At the instance of Regional Deputy Director, Ground Water Survey and Development Agency, Pune Region, Pune) .......Applicant V/S. 1. Shri. Ravindra Shankar More & Ors. ....Respondents * * * * * * Ms. V.S. Mhaispurkar, AGP for the applicant-State. Ms. Yogini Borade i/by. Mr. H.E. Palwe, Advocate for respondent no.2. Mr. P.M. Shah, Advocate for respondent no.5. Coram : Smt. R.P. SondurBaldota, J. 18 March, 2011. P.C. : 1. This Civil Application is for restoration of the First Appeal * 2 * C.A.4724.2010 in F.A. 1876.2002 18.3.2011 which was dismissed on account of the conditional order dated 1st September, 2010 by which the applicant was granted 4 weeks time to take steps for effecting service of notice upon respondent no.1. The order further directed that if compliance is not made within the stipulated time, the appeal shall stand dismissed for non-compliance of the order without further reference to the Court. Since the directions contained in the order were for service of notice upon respondent no.1 alone, and since on that date the other respondents had already been served, the office could not have dismissed the appeal in its entirety. The Civil Application has been served upon all the respondents. Respondents no.1, 3 and 4 are absent, despite service. 2. Heard the counsel. 3. For the reasons stated in the Civil Application and also for the reasons stated above, the same is allowed. The appeal is restored to file. [Smt. R.P. SondurBaldota, J]