1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4537 OF 2008 IN CIVIL APPLICATION NO.2725 OF 2004 IN FIRST APPEAL (ST.)NO.27481 OF 2004 Smt.Sulochanaben Sureshchandra Jand .. Applicant V/s. Mohanrao Baburao Latkar (Since deceased through his LR's) Smt.Kamal Mohanrao Latkar & Ors. ..Respondents Mr.Vishwanath S.Thlkute for the Appellant/Applicant None for the Respondents. CORAM : R.M.SAVANT, J. DATED : 11TH SEPTEMBER, 2008. P.C. At the outset Shri Talkute applies for amendment of prayer clause 'b' in the Civil Application be granted. Amendment to be carried 2 out forthwith. 2. By the above Civil Application, the Applicant prays for restoration of Civil Application No.2725 of 2004 which has been dismissed for non-prosecution on account of the conditional order dated 26th February, 2008. The dismissal was on account of the fact that some of the Respondents remained to be served. 3. The learned Advocate for the Appellant states that only some of the Respondents are remained to be served and if opportunity is granted by this Court, service will be effected on the said Respondents on fresh address mentioned in the present Civil Application. Hence, for the reasons stated in the Civil Application, the same is allowed in terms of prayer clauses 'a' and 'b'. 4. The Civil Application is, accordingly, 3 disposed of. 5. Resultantly, the Civil Application No.2725 of 2004 is restored to file. 6. On such restoration, issue fresh notices to the unserved Respondents, returnable in six weeks. Though the Respondents 1a to 1c and 3 were served and represented by Shri. K.K.Tated. But in view of the elevation of Shri K.K.Tated by the learned Judge of this Court, office to issue notice to the said Respondents also returnable in six weeks. 7. The Civil Application is, accordingly, disposed of. [R.M.SAVANT, J.] 4