1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.3531 OF 2008 APPLICATION NO.3531 OF 2008 APPLICATION NO.3531 OF 2008 IN IN IN CIVIL CIVIL CIVIL APPLICATION NO.1095 OF 2007 APPLICATION NO.1095 OF 2007 APPLICATION NO.1095 OF 2007 IN IN IN FIRST FIRST FIRST APPEAL ST.NO.3871 OF 2007 APPEAL ST.NO.3871 OF 2007 APPEAL ST.NO.3871 OF 2007 Shri Rangnath Gopinath Wadve : Applicant. versus Shri Pandit Bhagwan Khade & ors. : Respondents. Mr.Ashok Tajane for the applicant. Mr.Pankaj Deokar i/by Ahsok Misal for the respondents CORAM CORAM CORAM : R.M.SAVANT, J. : R.M.SAVANT, J. : R.M.SAVANT, J. DATED DATED DATED : JULY 09, 2008. : JULY 09, 2008. : JULY 09, 2008. P.C. P.C. P.C. 1. By the above civil application the applicant prays for restoration of Civil Application No.1095 of 2007 in so far as Respondent No.1 is concerned. The 2 said civil application was dismissed for non prosecution on account of the fact that the applicant did not take steps to serve the unserved respondent Nos.1 and 3 within the time stipulated by this Court. The learned counsel for the applicant states that Respondent No.3 is now represented by an advocate who has filed appearance on his behalf. Respondent No.1 could not be served on account of the fact that his address could not be obtained within the time stipulated by this Court for removal of office objections. However, the correct address of Respondent No.1 is now available with the learned counsel for the applicant. 2. For the reasons stated in the civil application, the same is allowed in terms of prayer clause (a) and (b) restricted to Respondent No.1 only. The civil application is accordingly disposed of. 3. Notice to Respondent No.1 is made returnable within four weeks from date and to be served at the address mentioned in the cause title of the civil application. In addition to service of notice through court, the applicant shall serve a private notice on Respondent No.1 by Registered Post A.D. and/or by courier service and/or by hand delivery and shall file 3 affidavit of service before the returnable date. If compliance is not made, the appeal, as against Respondent No.1 shall stand dismissed for non-prosecution without further reference to the Court. [R.M.SAVANT, [R.M.SAVANT, [R.M.SAVANT, J] J] J]