1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.53 OF 2009 IN CIVIL REVISION APPLICATION NO.706 OF 2008 Shyamkant Ramchandra Shelar & ors ..Applicants V/s Karbhari Mahipat Pawar & ors ..Respondents Mr.Ashok T. Gade, Advocate, for the applicants None for the respondents CORAM : R.M.SAVANT, J. DATE : 6TH MARCH, 2009 P.C. . By the above Civil Application, the applicant prays for restoration of the Civil Revision Application which has been dismissed for non-prosecution on account of the conditional Order dated 12th January, 2009. By the said order, the petitioners were to serve the respondents within a particular time frame and file an affidavit of service before the returnable date, on failure to do so the Civil Revision Application was to stand dismissed for non-prosecution. 2 2. Since the petitioners did not comply with the said conditional Order dated 12th January, 2009, the Civil Revision Application stood dismissed for non-prosecution. Considering the reasons mentioned in the Civil Application, case for restoration is made out. The above Civil Application is, therefore, allowed in terms of prayer clauses (a) & (b). Resultantly, Civil Revision Application is restored to file. In view of the restoration of the Civil Revision Application, Issue fresh notice to the respondents, returnable within a period of four weeks. Apart from the Court notice, the applicants shall serve a private notice on the respondents by Registered Post A.D. and/or by Courier Service and/or by Hand Delivery and shall file an affidavit of service before the returnable date. If the compliance is not made, the above Civil Application would stand dismissed for non- prosecution as against the unserved respondents without further reference to the Court. (R.M.SAVANT, J.) 3