1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3369 OF 2008 IN FIRST APPEAL ST.NO.4693 OF 2007 Shri Dada Bhayaji Patil : Applicant. Versus Bhaguram Sudkoji Tambe and ors. : Respondents. Shri T.D. Deshmukh for the Applicant. CORAM : R.M.SAVANT, J. DATED : September 19, 2008 P.C. 1. At the out of set Shri T.D. Deshmukh, the learned advocate for the Applicant, seeks amendment in prayer clause (a) of the above Application so as to incorporate a prayer for restoration. Leave as prayed for is granted. Amendment to be carried out forthwith. 2. By the above Civil Application, the Applicant prays for restoration of the Civil Application No.1496 of 2007, Civil application 2 No.1497 of 2007 and the First Appeal St. No.4693 of 2007. It appears that the Civil Application No.1496 of 2007 had come up for hearing before the learned Single Judge of this Court on 17th September 2007 when Rule came to be issued and the learned advocate for the Applicant was directed to serve the Respondents and file affidavit of service within the time stipulated in the said order. 3. On default being committed by the learned advocate for the Applicant, the conditional order came into operation and consequently the Civil Application No.1496 of 2007, Civil Application No.1497 of 2007 and the First Appeal St. No.4693 of 2007 were dismissed for non-prosecution. 4. The office note indicates that the affidavit of service was filed by the learned Advocate for the Applicant but the same was belated. 5. Hence for the reasons mentioned in the above Civil Application, the same is allowed in terms of prayer clause (a). The 3 affidavit of service filed by the learned advocate for the Applicant to be taken on record. Resultantly the Civil Application Nos.1496 of 2007, Civil Application No.1497 of 2007 and the First Appeal St. 4693 of 2007 are restored to file. The above Civil Application is accordingly disposed of. [R.M.SAVANT, J]