1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION jmi CIVIL APPLICATION NO.1017 OF 2009 IN SECOND APPEAL NO.339 OF 2007. Shri Ratnakar Shankar Pathank. ..Applicant. v/s. Shri Digambar Shankar Pathak & Anr. ..Respondents. .... Mr. S.R. Page, for Applicant. .... CORAM : S.J.KATHAWALLA, J. DATE : 7TH NOVEMBER 2009. P.C. The second appeal was dismissed by an order dated 3rd October 2008. The said order was a conditional order requiring the applicant to effect service on respondent no.2 within the specified time. 2. The learned Advocate appearing for the applicant seeks setting aside of the order dated 3rd October 2008 and submits that he be allowed to delete the name of respondent no.2. 3. The order dated 3rd October 2008 is set aside and the second appeal is restored to file. Respondent no.2 is allowed to be deleted. Leave to amend the cause title is granted. 4. The civil application is accordingly disposed of. 2 5. The learned Advocate for the applicant shall give notice to the respondent no.1 informing them that the second appeal is restored and the appeal is kept for admission on 30th November 2009. 6. Place the second appeal for admission on 30th November 2009. [ S.J.KATHAWALLA, J. ]