1 IN THE COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.902 of 2008 IN CIVIL APPLICATION NO. 1058 OF 2005 IN SECOND APPEAL (ST.)NO.27604 OF 2004 Abdul Mahamadhusen Pathan & Ors. .. Appellants V/s. Yusuf Babalal Pathan & Ors. ..Respondents Mr.Sandeep Kurne for the Appellants/Applicants. Mr.Prashant Jadhav for the Respondents. CORAM : R.M.SAVANT, J. DATED : AUGUST 13TH, 2008. P.C. By the above Civil Application, the Applicants/Appellants pray for restoration of the Civil Application No.1058 of 2005 which has been dismissed on account of the conditional order dated 2 7th September, 2007 and the order dated 15th July, 2008. 2. The office objections as regards the unserved Respondent Nos.3,6,7, 9and 12, it is the case of the Appellants/Applicants that the said Respondents are avoiding services. It appears from the cause title of the Appeal that the said Respondents may be related to the Respondent No.1. The Civil Application therefore is allowed in terms of prayer clauses “a”, “b” and “c”. Resultantly, the Civil Application No.1058 of 2005 is restored to file against the unserved Respondents. The learned counsel for the Applicants to take steps as regards the unserved Respondents within a period of two weeks from date. In case such steps are not taken, the said Application will stand dismissed for non-prosecution. 3 3. The Civil Application is accordingly dismissed. [R.M.SAVANT, J.]