: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.369 OF 2005 ALONGWITH CIVIL APPLICATION NO.390 OF 2005 Shraddha Developers .. Appellant V/s. Marry Jasin Britto, Deceased, Thru’ Ivan Jasin Britto & Ors. .. Respondents None for the Appellant-Applicant. Mr. Sandesh Patil for Respondent Nos.3, 4, 6 to 11 and 13 to 17. CORAM : SMT. NISHITA MHATRE, J. DATED : 5 TH JANUARY, 2010. P.C.: 1. Nobody is present for the appellant. The matter was adjourned till today since nobody was present yesterday when the matter was called out to represent the appellant. It appears from the record that the appellant has been absent consistently and, therefore, in my opinion, no further indulgence need to be shown to it. 2. Hence, the Appeal from Order alongwith Civil Application pending therein is dismissed for non- prosecution. : 2 : Mentioned at 3:00 p.m. 3. At this stage Mr. C.N. Chavan appeared for the appellant and Mr. Prashant Patil appeared for the respondents and requested to restore the Appeal from Order. 4. The Appeal from Order alongwith Civil Application pending therein is restored to file. 5. Stand over to 6th January, 2010. .......