1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1152 OF 2008 IN SECOND APPEAL NO.665 OF 2006 Ankush Yashwant Dhopavkar : Applicant. Versus Rohini Ramesh Dharje & ors. : Respondents. Mrs.R.P.Phadke for the Applicant. Shri Harshad V.Bhadbhade for Respondent No.1. CORAM : R.M.SAVANT, J DATED : September 08, 2008 P.C. 1. At the out set Mrs.R.P.Phadke appearing for the Applicant/Appellant seeks leave to amend the above Civil Application so as to incorporate prayer clause (bb) for condonation of delay in filing the above Civil Application. Leave is granted. Amendment to be carried out forthwith. 2 2. By the above Civil Application, the Applicant/Appellant prays for restoration of the above Second Appeal which has been dismissed for non-prosecution on account of the fact that the learned advocate for the Applicant had not filed the affidavit of service. There is a delay of 240 days in filing the above Civil Application. 3. Learned Advocate Shri.Harshad Bhadbhade, appearing for the Respondent No.1, submits to the orders of the Court. 4. Hence for the reasons stated in the above Civil Application, the same is allowed in terms of prayer clauses (bb) and (c). The learned advocate for the Applicant is allowed to file an affidavit of service within a week in the Registry. 5. In so far as restoration of the interim stay is concerned, the interim stay granted on 7/7/2006 is restored. 3 6. The above Civil Application is accordingly disposed of. List the above Second Appeal for admission on 23.9.2008. [R.M.SAVANT, J]