1 17 caf 3585.10.doc K IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3585 OF 2010 IN FIRST APPEAL (STAMP) NO.9061 OF 2010 Vishnu Rama Thakur & Anr. ..Applicants. Vs. Tarun V. Shah & Anr. ..Respondents. Mr.Jitendra Sachdev for the applicants. Mr. V.S.Kapse for respondent no.1. CORAM : K.K.TATED, J. DATED : 06/01/2011. PC: 1 Heard learned counsel for applicants. 2 The present civil application is preferred by original appellant for re-calling the conditional order dated 15th June, 2010 passed by this court (Coram:- A.M.Khanwilkar & A.A.Sayed, JJ). The said order was conditional and as the applicants failed to serve respondent no.2, the civil application no.1355 of 2010 dismissed against respondent no.2. 3 Learned counsel appearing on behalf of applicants submit that for want of correct address it remains on their part to take appropriate steps immediately. 2 17 caf 3585.10.doc 4 Considering the submissions made by the learned counsel on behalf of applicants and averments made in civil application, civil application allowed in terms of prayer clause (a), (b) and (c) which reads as under: a) The delay, if any in filing of the present application for restoration be condoned; b) The Conditional Order dated 15-06-2010 passed by Their Lordship Justice Shri A.M.Khanwilkar and Justice Shri A.A.Sayed, be set aside. c) The Civil Application no.1355 of 2010 dismissed as against Respondent no.2 be restore to file; 5 Civil application disposed of accordingly. (K.K.Tated, J.)