1 srk FARAD CONTINUATION SHEET APPELLATE SIDE First Appeal Stamp No.25001 of 2008 With Civil Application No.5383 of 2008 ------------------------------------------------------------ Office Notes, Office Memoranda Court’s or Judge’s orders of Coram, appearance, Court’s orders or directions and Registrar’s orders ------------------------------------------------------------ Mr.G.S.Rao i/b. M/s.Lex Consultus for appellant. Mr.V.S.Gokhale for resp.no.1. Ms.Aakanksha Thakkar for resp.no.20. CORAM: B.H.MARLAPALLE &. S.J.VAZIFDAR,JJ. May 4, 2009. P.C. . We have heard the learned counsel for the appellant who was defendant no.19 in Special Civil Suit No.1554 of 1994. In the judgment and order dated 18/12/2006 by which the suit has been decreed, it is clearly observed that the suit proceeded against the present appellant ex parte. If that be so, the appellant’s remedy at the first instance is to approach the trial Court with an application to set aside the ex-parte 2 decree and restore the suit. . The appeal is, therefore, disposed with liberty to the appellant to approach the trial Court. . If an application for setting aside the ex-parte decree for restoration is filed within two weeks from today before the trial Court, the period of pendency of this appeal before this Court be taken into consideration for condonation of delay. . Civil application does not survive and the same stands disposed. (S.J.VAZIFDAR,J.) (B.H.MARLAPALLE,J.)