FARAD CONTINUATION SHEET No. MGN 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 SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPLICATION NO.1139 OF 2008 IN SECOND APPEAL STAMP NO.27080 OF 2007 ------------------------------------------------------------ Office Notes, Office Memoranda of Coram, appearances, Court’s Court’s or Judge’s orders orders or directions and Registrar’s orders. -------------------------------------------------------- CORAM : R.M. SAVANT, J. CORAM : R.M. SAVANT, J. CORAM : R.M. SAVANT, J. DATED : 16TH SEPTEMBER, 2008 DATED : 16TH SEPTEMBER, 2008 DATED : 16TH SEPTEMBER, 2008 P.C. P.C. P.C. . By the above Civil Application the Applicant prays for restoration of Civil Application No.1702 of 2007 which has been dismissed on account of the conditional order dated 4th December, 2007. By the said order the applicant was to file affidavit of service failing which the said application was to stand dismissed for non-prosecution. The learned Advocate for the Applicant states that the main contesting respondents i.e. Respondent Nos. 1 and 2 have been served and accordingly he has filed affidavit of service. According to him the other respondents had not appeared in the lower Appellate Court. Hence for the reasons stated in the Civil Application the same is allowed in terms of prayer clauses (a) and (b). Civil Application is accordingly disposed of. List the Civil Application No.1702 of 2007 for hearing on 10th October, 2008. The learned Advocate appearing for the Applicant to give notice of the said date to the contesting respondent Nos. 1 and 2. . Stand over to 10th October, 2008. (R.M. SAVANT, J.) (R.M. SAVANT, J.) (R.M. SAVANT, J.)