1 29caf-806.11 Ash FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 806 OF 2011 IN FIRST APPEAL NO. 758 OF 2010 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Ms Deepali Patil i/by Shri A.A.Garge and Jitendra Oak for the Applicant. -- CORAM : A.S.OKA, J. DATE : 18TH MARCH, 2011 P.C.: . Heard learned counsel appearing for the Applicant. The Appeal stands abated as against Respondent No.4. The Appeal stands dismissed for non- prosecution as against certain Respondents. 2. Though a case is made out for restoration of the Appeal which is dismissed as against the unserved Respondents, there is no prayer for setting aside the abatement. 3. Hence, the application is disposed of by passing the following order. 2 29caf-806.11 ORDER (a) The order dated 19th October, 2010 passed by the Registrar (Judicial-I) is quashed and set aside and the Appeal which was dismissed for non-prosecution against the concerned unserved Respondents is restored subject to condition that the appropriate steps will be taken by the Applicant within a period of six weeks from today for effecting service of notice to the unserved Respondents. If steps are not taken within the stipulated time, the Appeal itself will stand dismissed for non prosecution without further reference to the Court. It is made clear that the order of abatement of the Appeal as against Respondent No.4 is not restored. (A.S.OKA, J)