-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL ALPPLICATION NO.625 OF 2007 IN SECOND APPEAL NO.503 OF 1992 Kashiram Kalu Jadhav ............Applicant Versus Vithal Motiram Jadhav & Ors....Respondents Mr. V.Z. Kankaria, for the Applicant. Mr. Haridas i/b. Mr. P.N. Joshi for the Respondents. CORAM : R.M.SAVANT, J. CORAM : R.M.SAVANT, J. CORAM : R.M.SAVANT, J. DATED : 14TH AUGUST,2008 DATED : 14TH AUGUST,2008 DATED : 14TH AUGUST,2008 P.C. P.C. P.C. . By the above Civil Application the applicant prays for restoration of the Second Appeal which has been dismissed for non-prosecution on account of the conditional order dated 8th December, 1995 as the office objections were not removed. It is the case of the Applicant/Appellant in the Civil Application that he was not aware of the said dismissal till filing of the present Civil Application. 2. Shri R.M. Haridas holding for Mr. P.M. Joshi for the respondent Nos. 1 to 4 submits to the orders of the Court. For the reasons stated in the Civil Application the same is allowed in terms of prayer (a) and the Second Appeal No.503 of 1992 is restored to file. The Applicant/Appellant to pay costs of Rs.2,000/- to the Respondent Nos. 1 to 4 to be paid within eight weeks from today. 3. In so far as the prayer for restoration of interim relief which was operating in the above Second -2- Appeal till 1995 is concerned in my view at this stage there is no need to restore the interim relief which was operating in the above Second Appeal in view of the fact that between the date of dismissal of the Second Appeal for non-prosecution and the filing of the present Civil Application the respondents herein have filed a suit for injunction in which injunction was granted by the trial Court on the application at Exhibit 5 filed by the respondent. Shri V.Z. Kankaria learned Counsel appearing for the Applicant/Appellant states that against the said order passed at Exhibit 5 the Applicant/Appellant have filed an Appeal in which an order of stay has been passed whereby the injunction granted in favour of the respondents is stayed according to Shri Kankaria. In that view of the matter as indicated above there is no need for restoring the interim order passed in the above Second Appeal. The Civil Application is accordingly disposed of by restoring the Second Appeal to file. (R.M. SAVANT, J.) (R.M. SAVANT, J.) (R.M. SAVANT, J.)