1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2240 OF 2009 in CIVIL APPLICATION NO.2544 OF 2008 IN FIRST APPEAL (ST.) NO.11334 OF 2008 Shri Pratap Vasant More .... Applicant Vs. Shri Mahadeo Pandhari Adsul & Ors. .... Respondents Mr. Dilip Bodke, Advocate for applicant. Mr. R.S. Alange, Advocate for respondents no. 1 and 2. Mr. Ranjan B. Tripathi h/for S.M. Vidyarthi for respondent no. 4 Coram : SMT. R.P. SONDURBALDOTA, J. Date : 8th June 2009 P.C. 1. This Civil Application is taken out for restoration of Civil Application No.2544 of 2008 filed for condonation of delay in filing the First Appeal (Stamp) No.11334 of 2008. The appeal came to be dismissed by the order dated 16th January 2009 on the ground that the appellant has not taken any steps to serve respondent no. 3. Perusal of the proceedings shows that the name of respondent no.3 who was the driver of the offending vehicle was deleted before the trial Court itself. Hence, there was no question of service of notice upon respondent no.3. The notice is admittedly 2 served upon the other respondents. In the circumstances, the Civil Application is allowed in terms of prayer clauses (a) and (b). The Civil Application No.2544 of 2008 be shown on the board for hearing on 22nd June 2009. (SMT.R.P. SONDURBALDOTA,J)