1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.547 OF 2008 IN SECOND APPEAL NO.1097 OF 2005 Shri Vitthal Baburao Gund : Applicant versus Smt.Parvatibai Mahadeo Gund & Anr. : Respondents Shri.Nitin Mulye for the Applicant. Shri.Nitesh Bhalekar for the Respondents. CORAM : R.M.SAVANT, J DATED : AUGUST 30, 2008 P.C. 1. By the above Civil Application, the Applicant prays for restoration of the above Second Appeal, Civil Application No.1599 of 2005 and for restoration of the order dated 03/10/2005 by which order the parties were directed to maintain status quo in respect of the suit property. 2 2. The above Appeal had come up for admission on 03/10/2005 along with Civil Application No.1599, notice came to be issued and was made returnable after six weeks and an ad interim order directing the parties to maintain status quo came to be passed. Thereafter the Appeal again came up for admission on 20.7.2006 when this Court passed a conditional order on the said day directing the Appellant/Applicant to serve the Respondents and file an affidavit of service. Accordingly, the Appellant/Applicant took steps to serve the Respondents and also filed an affidavit of service. However, since private notice was served through courier service and since acknowledgement slip provided by the said courier service did not bear signature of the concerned Respondent Nos.13 and 14, the affidavit of service was not found to be in order and consequently on account of the conditional order dated 20.7.2006, the above Appeal came to be dismissed for non-prosecution. In the mean time the Appellant/Applicant again took steps to serve the Respondents and obtained their acknowledgement on the acknowledgement receipt of the courier service. Accordingly the Respondent Nos.13 and 14 have 3 served and the Appellant/Applicant has now annexed the acknowledgement receipt of the said Respondents to the above Civil Application. 3. The learned advocate for the Appellant/Applicant states that in the said process some time has lapsed thereby a delay of about 1 year and 201 days has been caused in filing the above Civil Application. 4. On behalf of the Respondent Nos.1 and 2, the above Civil Application is opposed and an affidavit in reply has been filed. 5. In my view, considering the fact that the Appellant/Applicant has now filed the acknowledgement of Respondent Nos.13 and 14, the above Civil Application needs to be allowed and is accordingly allowed in terms of prayer clauses (a), (b) and (c). The Civil Application is accordingly disposed of. The Appellant/Applicant to pay costs of Rs.1,000/- to the Respondent Nos.1 and 2 within a period of four weeks from date. [R.M.SAVANT, J]