- 1 - form rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1151 OF 2011 in APPEAL FROM ORDER NO.1356 OF 2010 Shri Dadasaheb Appa Patil .. Applicant vs Shri Kakasaheb Balgonda Patil .. Respondent Mr.A.S.Borkar for Appellant CORAM: J.H.BHATIA, J DATE: 12 th August 2011 P.C. 1. Leave to amend to give the correct number of matters which are to be restored. Amendment be carried out immediately. 2. Heard learned counsel for the parties. While Appeal from Order No.1356 of 2010 is already admitted and pending for final hearing, Civil Application No.55 of 2011 for interim relief and Civil Application No.559 of 2011 for production of additional evidence in Appeal came to be dismissed due to non-compliance of the - 2 - form conditional order of service on the Respondents. Learned counsel for the Applicant contends that due to communication gap between the Applicant's Advocate and his clerk, the notice could not be issued and private service could not be effected and therefore he prays for permission to issue fresh notice and serve the Respondents. 3. In the interest of justice, this Application is allowed and Civil Application No. 55 of 2011 and Civil Application No.559 of 2011 are hereby restored to file with directions that the Respondents be served within six weeks. Private service by RPAD/Speed post/Courier allowed and file affidavit of service. 4. The Application stands disposed of accordingly. If this order is not complied, both the Applications shall stand dismissed without reference to Court. J.H.BHATIA, J - 3 - form