mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3144 OF 2009 IN WRIT PETITION NO.426 OF 2003 Elvira D'Mello and others Applicants versus Sultan Sattar Khan Deshmukh and others Respondents Clive D'Souza for applicants. CORAM : A.S.OKA, J. DATE : 26th February 2010 PC : 1. Head learned counsel appearing for the applicant. He pointed out that respondent nos.1 and 5 have been duly served by private notice. Office remark shows that respondent no.5 has been served with the Court notice. He states that as far as private notices sent to respondent nos.2 to 4 are concerned, the envelops sent by RPAD have been returned unserved with remark “unclaimed”. The prayer in this application is for restoration of the writ petition which is dismissed for non removal of the office objections. Hence, in view of averments made in the application, a case is made out for restoration. The application is accordingly allowed in terms of prayer clauses (a) and (b). The registry is directed to issue notice of restoration of the writ petition to the respondents. (A.S.OKA, J.)