IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2975 OF 2008 IN FIRST APPEAL NO.2061 OF 2005 ------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court’s Court’s or orders or directions & Registrar’s Judge’s orders. order. ------------------------------------------------------- Ms.Bhadbhade i/b. P.R.Arjunwadkar for applicant Mr.S.M.Vidyarthi for respondent No.2 Mr.I.M.Khairdi for respondent No.4 Mr.A.B.Tajane for respondent No.3 CORAM: R.M.SAVANT, J. DATE : 15th September 2008. P.C. . By the present civil application, the applicant prays for restoration of the first appeal which has been dismissed for non prosecution on account of non compliance of the order dated 12th January 2006. 2. The respondents are served. Mr.Vidyarthi appears for respondent No.2, Mr.Khairdi appears for respondent No.4 and Mr.Tajane appears for respondent No.3. 3. Mr.Vidyarthi and Mr.Tajne appearing for respondent Nos. 2 and 3 respectively submit to orders of the Court. However, Mr.Tajane, appearing for respondent No.3, opposes the application. For reasons set out in the affidavit in support of civil application, the same is allowed only in terms of prayer clause (a). 4. Insofar as prayer clause (b) is concerned, it appears that initially there was an ad-interim order operating in favour of the applicant. Obviously, the said ad-interim order has come to an end on the first appeal being dismissed for non prosecution. 5. In a cross appeal filed by Oriental Insurance Co., the respondent No.4 in the said appeal, widow of the deceased, was allowed to withdraw a sum of Rs.1 lakh out of the total amount of Rs.4,99,114/- deposited by the appellant therein. Mr.Tajane, learned Advocate appearing for respondent No.3 states that the said respondent has already circulated a civil application for withdrawal of the said amount. The said application is likely to come up for hearing before this Court in the coming week. In view of the aforesaid development, the ad-interim stay operating in favour of the applicant cannot be restored. Therefore, civil application, insofar as prayer clause (b) is concerned, is rejected. First appeal to come up for admission on 22nd September 2008. (R.M.Savant, J)