1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.11 OF 2009 IN CIVIL APPLICATION NO.1096 OF 2008 IN APPEAL FROM ORDER NO.326 OF 2005 Mr.Antone Elias Farell (deceased) 1(a) Beatrice Antone Farrel & ors. : Applicants versus Mr.Alex Inas D'Mello & ors. : Respondents. Shri N.V.Gangal for the Applicants. Shri M.S.Lagu i/by Shri R.S.Apte for Respondent No.1. Shri M.S.Lagu for Respondent No.9. CORAM : R.M.SAVANT, J. DATED : JANUARY 23, 2009 P.C. 1. By the above Civil Application, the Applicants pray for restoration of the Civil Application No.1096 of 2008 which has been dismissed for non-prosecution on account of non-compliance of the conditional order dated 19th November 2008. By the said conditional order, the Applicants were directed to furnish fresh/correct addresses of the Respondent Nos.8 and 9 to the said Civil Application No.1096 of 2008 within a particular time frame. On failure of the Applicants to 2 do so, the said Civil Application No.1096 of 2008 stood dismissed for non-prosecution. 2. It is the case of the Applicants that the fresh/correct addresses of the Respondent Nos.8 and 9 to the said Civil Application No.1096 of 2008 were submitted to the Registry, but the Registry refused to accept the same on the ground that the time stipulated by this Court by the order dated 19th November 2008 had already elapsed. The fresh/correct addresses of Respondent Nos.8 and 9 are mentioned by the Applicants in their letter dated 6th January 2009 addressed to the Registry, which is annexed to the above Civil Application. 3. Taking into consideration the aforesaid facts, case for restoration of the Civil Application No.1096 of 2008 is made out. The above Civil Application is accordingly allowed in terms of prayer clauses (a) and (b). The Registry is directed to take cognizance of the fresh/correct addresses of the Respondent Nos.8 and 9. Issue fresh notices to the Respondent Nos.8 and 9, returnable within four 3 weeks from date. The above Civil Application is accordingly disposed of. [R.M.SAVANT, J]