1 CA NO.1015/10 IN SA NO.301/05 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1015 OF 2010 IN SECOND APPEAL NO. 301 OF 2005 Gama Mhatarji Gavali : Applicant. versus Gamabai Laxaman Ganje & ors.: Respondents. Mr. P N Joshi for the Applicant. None for the Respondents. CORAM : R M SAVANT, J. DATE : 02nd August 2010 P.C. 1 Heard the learned counsel for the Applicant. 2 By the above Civil Application, the Applicant prays for restoration of the Second Appeal No.301 of 2005 which was dismissed for non-prosecution on account of the conditional order dated 23rd November 2009. By the said conditional order the Applicant was directed to take steps to remove office objections in so far as service on the Respondent No.6 is concerned. The Respondent Nos. 1 to 5 are represented by an advocate. However, the Second Appeal was required to be dismissed only against the Respondent NO.6, the said Second Appeal was dismissed in its entirety. 3 In my view, considering the fact that the Respondent Nos.1 to 5 have been served, an indulgence is required to be shown to the Applicant to make effort to serve the Respondent No.6. The above Civil Application is, therefore, allowed in terms of prayer clauses (a) and (b). Resultantly, the Second Appeal No.301 of 2005 is restored to file. 2 CA NO.1015/10 IN SA NO.301/05 3 Leave to amend to correct the name of the Respondent No.6 is granted. Amendment to be carried out forthwith. 4 Thereafter issue fresh notice to the Respondent No.6, returnable in four weeks. In addition to the Court’s notice, the Applicant shall serve the Respondent No. 6 by Registered Post A.D and/or Courier and/or E-mail and/or Fax and file affidavit of service before the returnable date. Hamdast permitted. 5 The above Civil Application is accordingly disposed of. [R.M.SAVANT, J]