1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIIVIL APPLICATION NO. 15 OF 2009 IN CONTEMTP PETITION NO.73 OF 2008 Chandradhar R Mishra : Applicant. versus Shri Janardan R Singh & ors. : Respondents. Shri A L Gore for the Applicant. CORAM : R.M.SAVANT, J. DATED : FEBRUARY 20, 2009 P.C. 1. By the above Civil Application, the Applicant prays for restoration of the above Contempt Petition No.73 of 2008 which has been dismissed for non-prosecution on account of the conditional order dated 28.11.2008. By the said order, the Petitioner was directed to take steps to serve the unserved Respondents, failing which the matter was to stand dismissed for non-prosecution. 2. The Petitioner had served the Respondent Nos.1 and 2. 2 However, the Respondent No.3 was not available for service and hence the notice was pasted on the outside of the office premises. The Petitioner later on came to know that the Respondent No.3 is no more and has expired in the month of September 2008. Since the Respondent Nos.1 and 2 have already been served , the Petitioner seeks deletion of the Respondent No.3. 3. The above Civil Application is, therefore, allowed in terms of prayer clauses (a) and (b). Resultantly, the Contempt Petition No.73 of 2008 is restored to file. The Petitioner is allowed to delete the Respondent No.3. Amendment to be carried out forthwith. List the Contempt Petition No.73 of 2008 for admission in the week commencing from 2nd week of March 2009. 4. The above Civil Application is accordingly disposed of. [R.M.SAVANT, J]