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.384 OF 2007 APPLICATION NO.384 OF 2007 APPLICATION NO.384 OF 2007 IN IN IN SECOND SECOND SECOND APPEAL NO.136 OF 1985 APPEAL NO.136 OF 1985 APPEAL NO.136 OF 1985 --------------------------------------------------- --------------------------------------------------- --------------------------------------------------- Office Office Office Notes, Office Notes, Office Notes, Office Court’s Court’s Court’s or Judge’s or Judge’s or Judge’s Memoranda Memoranda Memoranda of Coram, of Coram, of Coram, order order order appearance, appearance, appearance, Court’s orders Court’s orders Court’s orders or or or directions & Registrar’s directions & Registrar’s directions & Registrar’s orders orders orders Mr.Vinod Mr.Vinod Mr.Vinod Shah for Applicant Shah for Applicant Shah for Applicant Coram: Coram: Coram: A.S.Oka,J A.S.Oka,J A.S.Oka,J Date: Date: Date: 31st January, 2008 31st January, 2008 31st January, 2008 1. 1. 1. Respondent nos. 1 to 8 are Respondent nos. 1 to 8 are Respondent nos. 1 to 8 are served served served with notice. None appears with notice. None appears with notice. None appears for for for them. them. them. 2. 2. 2. Respondent nos. 1 to 5 Respondent nos. 1 to 5 Respondent nos. 1 to 5 appear appear appear to be contesting parties to be contesting parties to be contesting parties being being being the original plaintiffs. the original plaintiffs. the original plaintiffs. There There There is no reply filed to this is no reply filed to this is no reply filed to this application. application. application. 3. 3. 3. In view of the averments made In view of the averments made In view of the averments made in in in the application, a case for the application, a case for the application, a case for restoration restoration restoration is made out. is made out. is made out. Accordingly, Accordingly, Accordingly, application allowed application allowed application allowed in in in terms of prayer clause (a). terms of prayer clause (a). terms of prayer clause (a). Second Second Second Appeal shall be placed for Appeal shall be placed for Appeal shall be placed for final final final hearing in the week hearing in the week hearing in the week commencing commencing commencing from 3rd March, 2008. from 3rd March, 2008. from 3rd March, 2008. Advocate Advocate Advocate on record for the on record for the on record for the appellant appellant appellant to serve a private to serve a private to serve a private notice notice notice of the date fixed for of the date fixed for of the date fixed for hearing hearing hearing of the appeal to all the of the appeal to all the of the appeal to all the respondents. respondents. respondents. Affidavit of Affidavit of Affidavit of service service service to be filed on or before to be filed on or before to be filed on or before 29th 29th 29th February, 2008. If all the February, 2008. If all the February, 2008. If all the respondents respondents respondents are not served by are not served by are not served by private private private notice and affidavit of notice and affidavit of notice and affidavit of service service service is not filed within the is not filed within the is not filed within the stipulated stipulated stipulated time, appeal will time, appeal will time, appeal will stand stand stand dismissed for non dismissed for non dismissed for non prosecution prosecution prosecution without further without further without further reference reference reference to Court. Interim to Court. Interim to Court. Interim relief, relief, relief, if any, operating during if any, operating during if any, operating during the the the pendency of the Second Appeal pendency of the Second Appeal pendency of the Second Appeal is is is restored and the same will restored and the same will restored and the same will continue continue continue to operate till 10th to operate till 10th to operate till 10th March, March, March, 2008. 2008. 2008. ( A.S.Oka, J ) A.S.Oka, J ) A.S.Oka, J )