1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.738 OF 2008 IN SECOND APPEAL NO.466 OF 2005 Shankar B.Nalawade .. Applicant V/s. Jyoti Hari Nalawade & Ors. ..Respondents Mr.Raja Ghadge for the Appellant/Applicant. Mr.Machindra Patil for the Respondents. CORAM : R.M.SAVANT, J. DATED : 18TH SEPTEMBER, 2008. P.C. By the above Civil Application, the Applicant prays for restoration of the Second Appeal which has been dismissed on account of the conditional order dated 13th January, 2006 passed by a learned single Judge of this Court. By the said 2 order the Applicant were directed to serve the Respondents and file affidavit of service within 10 weeks of the said order. 2. On the basis that the Applicant has failed to file affidavit of service within the time stipulated by the said order that the Second Appeal came to be dismissed for non-prosecution. 3. The learned counsel for the Applicant Shri Ghadge submits that infact the affidavit of service was sworn on 15th February, 2006 and filed it on 17th February, 2006 in the office, however, on account of the error committed by the office, of not taking cognizance of the affidavit of service that the said conditional order became operative and the Appeal came to be dismissed for non-prosecution. Having perused the affidavit of service dated 15th February, 2006 tendered by Shri Ghadge, in my view, case for restoration is made out. The Civil 3 Application is therefore allowed in terms of prayer clauses 'a' and 'b'. 4. List the Second Appeal for admission on 29th September, 2008. [R.M.SAVANT, J.]