: 1 : Bsb THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1578 OF 2010 IN FIRST APPEAL NO. 1158 OF 2009 OfficeNotes,Office Memoranda of Coram,appearances,Court's order or Directions and Registrar's Orders Court's or Judge's Orders Mr.A.L.Patki for the applicant. Mr.Ashok Singh for Resp. No.1. CORAM: SMT.NISHITA MHATRE, J. DATED: 23RD APRIL, 2010 P.C.: 1. The civil application has been filed for restoring the first appeal which was dismissed on account of the conditional order passed on 23.9.2009. The application is opposed on behalf of respondent No.1, who is the decree holder. It is contended that the appellant/applicant had taken no steps to ensure that service was effected on the respondents despite obtaining an order on 24.8.2009. He submits that it was : 2 : only after the execution proceedings were initiated and served on the applicant that the applicant thought it fit to take steps in the matter. He therefore submits, in these circumstances, that the application should not be restored. 2. Having considered the submissions of the learned advocates and the contentions in the civil application, in my opinion, the civil application must be granted. 3. Accordingly, the civil application is allowed in terms of prayer clause (a) and (b). 4. The order of status-quo which was granted on 24.8.2009 is restored. .....