1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3969 OF 2008 IN CIVIL APPLICATION NO.122 OF 2007 IN FIRST APPEAL STAMP NO.33255 OF 1993 Shri Vishwas Khandoji Gajbhiv : Applicant versus Shri Mangesh Ramchandra Kharote & ors. : Respondents. Shri Sachin Gite for the Applicant. CORAM : R.M.SAVANT, J. DATED : AUGUST 01, 2008 P.C. 1. By the above Civil Application, the Applicant prays for restoration of the Civil Application No.122 of 2007 which has been dismissed for non-prosecution on account of the conditional order dated 1.10.2007. 2. For the reasons stated in the above Civil Application No.3969 of 2008, the same is allowed in terms of prayer clauses (a) 2 and (b). The Civil Application No.122 of 2007 is restored to file. The Civil Application No.3969 of 2008 is accordingly disposed of. [R.M.SAVANT, J]