IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION. APPELLATE JURISDICTION. APPELLATE JURISDICTION. CIVIL CIVIL CIVIL APPLICATION NO.2285 OF 2007. APPLICATION NO.2285 OF 2007. APPLICATION NO.2285 OF 2007. IN IN IN FIRST FIRST FIRST APPEAL (ST) NO.8383 OF 2007. APPEAL (ST) NO.8383 OF 2007. APPEAL (ST) NO.8383 OF 2007. ----------------------------------------------------------------- Office notes, office memoranda of Coram, appearances, Court’s Court’s or Judge’s orders. orders or directions and Registrar’s orders. ----------------------------------------------------------------- Shri N.G.Ghotekar for the Applicant. Shri T.J.Mendon for the Respondent No.1. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATE DATE DATE : 03rd MARCH, 2008. : 03rd MARCH, 2008. : 03rd MARCH, 2008. P.C.: P.C.: P.C.: 1. The affidavit of service of notice to the second respondent discloses that the notice attempted to be served to the second respondent has come back with remark "Not known". Hence, conditional order dated 30th January, 2008 operates and the application stands dismissed as against the second respondent. 2. Heard advocates appearing for the parties. In view of the averments made in the application, the same is allowed in terms of prayer clause (a). It is clarified that even the appeal stands dismissed for non prosecution as against the second respondent. Effect of dismissal of the appeal as against the second respondent for non prosecution will be considered at the stage of admission. : 2 : Judge. Judge. Judge.