1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3417 OF 2009 IN FIRST APPEAL NO. 141 OF 2009 1. Ilahi Mahammedsab Shaikh & anr. ... Applicants v/s 1. Smt.Amerbi Haji Maulasab & ors. ... Respondents Ms.Pallavi N. Dabholkar for the applicant. Mr.Manoj Kadam for respondent Nos.1(a), 1(d) & 4. CORAM: SMT.NISHITA MHATRE, J. DATED: 28TH AUGUST, 2009 P.C.: 1. The civil application has been filed for setting aside the conditional order passed on 5.3.2009. According to the applicant, although an order was passed on 5.3.2009 that Bhatta should be paid on or before 19.3.2009 failing which the matter would stand dismissed, the unserved respondent had been served and the appearance of the advocate has been filed on 12.3.2009 itself. Therefore, according to the learned advocate appearing for the 2 applicant, the Registry has incorrectly noted that the matter is dismissed. 2. For the reasons stated in the civil application, it is allowed in terms of prayer clauses (a), (a)(i) and (b). ..... 3