1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1664 OF 2009 IN SECOND APPEAL NO.1402 OF 2004 Shri. D.H.Thorat(since deceased) ..Applicant. Vs. R.K.Thorat and ors. ..Respondents. Ms. Ujwala Sawant i/by R.V.Govilkar for the Applicant. Mr.Umesh Mankapure for the Respondents 1 and 2. CORAM : R.S. MOHITE, J. DATE : 21st January, 2010 PC : 1 This is an application for restoration. It appears that the conditional order was passed on 15.7.2005. The contention is that the objection had been removed. Matter was again listed before the court on 21.8.2009 and again conditional order was passed. It is case of the applicant that the respondents have been served and affidavit of service has been filed. In the circumstances, court could have treated the same as good service. Be 2 that as it may, since the second appeal is of the year 2004 and the same is admitted, civil application is allowed in terms of prayer clause (a) and delay in filing the civil application is condoned. Second appeal is restored to file. Second appeal to proceed. Civil application stands disposed off. ( R.S. MOHITE, J.) `