IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL JURISDICTION CIVIL APPLICATION NO.3236 OF 2009 IN FIRST APPEAL NO.1008 OF 1997 Mr. Antayya Gangu Shetty ...Appellant. v. The Bombay Municipal Corporation & Ors. ...Respondents. Mr. Jitendra Ranawat i/by M/s. Bhaishankar Kanga & Girdharlal, adv. For the Appellant/Applicant. Mr.Vinod Mahadik, adv. For the Respondent No.1. CORAM : J.H. BHATIA, J. DATED : 27th August , 2009 P.C. 1 By the order dated 16th July, 2009, First Appeal No.1008 of 1997 was dismissed to the extent of Respondent Nos.3 to 8 on the ground that appellant had failed to serve them. The learned counsel points out that he had initially sent notices for the respondent nos.3 to 8 to Advocate Jagtap, who informed that he could not accept the service but the respondent no.7 was holding the power of attorney. Therefore, notice was issued to him on behalf of the respondent nos.3 to 8 and he was actually served. This service was completed even before the order was passed on 16th July, 2009. In view of the above, order dated 16th July, 2009 is hereby recalled and the appeal against the respondent nos.3 to 8 is hereby restored to the file. - 2- 2 Application stands disposed off. (J.H. BHATIA,J.)