1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION ST.NO.913 OF 2009 IN CIVIL APPLICATION NO.1098 OF 2008 IN APPEAL AGAINST ORDER NO.8 OF 1967 Syrus (alias Sirouse) Beheram Irani (Hakhamaneshy) through his Constituted Attorney and son Mr.Kombiz Syrus (alias Sirouse) Beheram Irani : Applicant And 1) Keki Pestonji Jamdar (since deceased) 2) Jameshetji Cawashaw (since deceased) 2A) Unknown Heirs and Legal Representatives of Orig.Appellants No.1 and 2 residents of Tarapore, Taluka Palghar versus Rodabai w/o Khodabad Merwan Irani (since deceased) Her Heir and Legal Representative Respondents No.2, 1) Khodabad Merwan Irani (since deceased) 2) Homai Jahangir Irani & ors. : Respondents. Shri. Vijaykumar S Shetty for the Applicant. CORAM : R.M.SAVANT, J. DATED : JANUARY 21, 2009 P.C. 2 1. By the above Civil Application, the Applicant prays for restoration of the Civil Application No.1098 of 2008 filed in Appeal Against Order No.8 of 1967 which Civil Application has been dismissed for non-prosecution on account of the conditional order dated 20th November 2008. By the said order, the Applicant was granted four weeks time to take steps as regards the unserved Respondents failing which the said Application was to stand dismissed for non-prosecution. 2. On account of failure of the Applicant to take steps as regards the unserved Respondents, the said Application has been dismissed for non-prosecution. 3. The reason for non-compliance of the said conditional order dated 20th November 2008 has been mentioned in the above Civil Application. 4. For the said reason, the above Civil Application is allowed. Resultantly, the Civil Application No.1098 of 2008 is restored to file 3 5. The above Civil Application is accordingly disposed of. The Applicant is granted liberty to file a separate application for other reliefs sought in the above Civil Application. [R.M.SAVANT, J]