1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1580 OF 2008 IN SECOND APPEAL NO. 552 OF 2006 Sitaram K.Gharat (Since deceased through his LR's) Sharad Sitaram Gharat .. Applicants V/s. Narayan Keshav Gharat (Since deceased through his LR's) Sitabai Narayan Gharat & Ors. ..Respondents Mr.Vaibhav Patankar for the Appellants/Applicants. Mr.P.S.Dani for the Respondents. CORAM : R.M.SAVANT, J. DATED : 22ND SEPTEMBER, 2008. P.C. By the above Civil Application, the Applicants prays for restoration of the Second Appeal which has been dismissed for non-prosecution 2 against the unserved Respondent Nos. 1d, 1f,2b,4(a) (3),4a(4), 4a(6) to 4a(9), 4,5,6(a) and 6(b) on account of the conditional order dated 2nd June, 2008 passed by a learned Single Judge of this Court. The learned counsel for Respondent Nos. 1 (b) Shri P.S.Dani submits to the order of the Court. Hence, for the reasons stated in the Civil Application, the same is allowed in terms of prayer clauses 'a' to 'e'. 2. Issue fresh notice to the unserved Respondents, mentioned in prayer clause 'd', returnable in six weeks. Apart from Court Notice the Appellants/Applicants shall serve a private notice by Registered Post A.D. and/or by courier service and/or by hand delivery and shall file affidavit of service before the returnable date. [R.M.SAVANT, J.] 3