1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.676 OF 2008 IN SECOND APPEAL NO.254 OF 2007 Chintaman Gangaram Rokade .. Applicant V/s. Dnyanoba Nathu Murhe & Ors. ..Respondents Ms.Sharvari Shilendra i/b.Mr.P.S.Dani for the Appellant/Applicant. None for the Respondents. CORAM : R.M.SAVANT, J. DATED : 18TH SEPTEMBER, 2008. P.C. By the above Civil Application, the Applicant prays for restoration of the Second Appeal No.254 of 2007 and Civil Application No.544 of 2007 both of which have been dismissed for non- 2 prosecution on account of the conditional order dated 11th July, 2007. By the said order the Applicant was directed to file affidavit of service within the time stipulated in the said order. 2. The learned counsel for the Applicant states that in fact the affidavit of service was filed on the day when the above Appeal was listed before the Court. Hence, for the reasons stated in the Civil Application, the same is allowed in terms of prayer clause 'a'. 3. Resultantly, both the Second Appeal NO. 254 of 2007 as well as Civil Application No.544 of 2007 are restored to file. 4. The Civil Application is, accordingly, disposed of. 5. List the Second Appeal for admission in 3 the week commencing 20th October, 2008. [R.M.SAVANT, J.]