IN THE HIGH COURT OF JUDICATURE AT BOMBAY C IVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 661 OF 2009 IN SECOND APPEAL NO. 227 OF 2006 Bhau Anna Magdum since deceased through his legal heirs: Housabai Bhau Magdum ... Applicant vs. Smt. Radhabai Yeshwant Jadhav & Ors. ... Respondents Mr. G.M.Savagave, Advocate for the applicant. Mr. Amit Shete i/b. Amit B. Borkar for respondent No.3A. CORAM: J.H.BHATIA,J. DATE : 22nd July,2009. P.C. 1. Heard the learned Counsel for the parties. 2. As the appellant failed to serve respondent No.1 and to file affidavit of service inspite of conditional order dated 14.9.2007, the appeal came to be dismissed. 3. In the interest of justice, the conditional order is hereby recalled. The appellant shall file affidavit of service within two weeks from today, failing which this Application shall be deemed to have been rejected. Application stands disposed of. (J.H.BHATIA,J.)