rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1839 OF 2008 CIVIL APPLICATION NO. 1839 OF 2008 CIVIL APPLICATION NO. 1839 OF 2008 IN IN IN CIVIL APPLICATION NO. 2291 OF 2007 CIVIL APPLICATION NO. 2291 OF 2007 CIVIL APPLICATION NO. 2291 OF 2007 IN IN IN FIRST APPEAL NO. 1407 OF 2005 FIRST APPEAL NO. 1407 OF 2005 FIRST APPEAL NO. 1407 OF 2005 Maxie Jerome Cabral .. Applicant V/s. Alex Christopher D’Souza & Anr. .. Respondents Vidita S.Bhalekar with Mr.Sameer R.Bhalekar for the Applicant. Mr.Prakash Shah for the Applicant. CORAM : S.S.SHINDE, J. CORAM : S.S.SHINDE, J. CORAM : S.S.SHINDE, J. DATE : APRIL 22ND, 2008. DATE : APRIL 22ND, 2008. DATE : APRIL 22ND, 2008. P.C. P.C. P.C. . This Civil Application is filed by the Appellant/Applicant to set aside the conditional order dated 24th September, 2007 passed in Civil Application No. 2291 of 2007. 2. By order dated 24th September, 2007 the Appellant/Applicant was directed to serve a private notice by Registered Post A.D. and/or by courier service and/or by hand and shall file affidavit of service before the returnable date. Since there is no compliance of order dated 24th September, 2007, the Civil Application No.2291 of 2007 stand automatically dismissed. 3. On perusal of the present Civil Application, I am satisfied that sufficient cause has been shown by the Applicant. The Civil Application No.2291 of 2006 is restored subject to paying costs of Rs.2000/- (Rs.Two Thousand only). On payment of costs the Civil Application No.2291 of 2007 stand restored. Costs amount to be deposited in the registry. The amount of the costs be diverted to the High Court Legal Aid Committee. This Civil Application is allowed and disposed of in the above terms. (S.S.SHINDE,J.) (S.S.SHINDE,J.) (S.S.SHINDE,J.)