1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.51 OF 2009 IN CIVIL APPLICATION NO.158 OF 2007 Sumatibai Dattatray Kelkar ..Applicant V/s Dr.Anant Dattatray Patwardhan ..Respondent Mr.V.S.Gokhale, Advocate, for the applicant Mr.D.B.Lonkar, Advocate, for the respondent CORAM : R.M.SAVANT, J. DATE : 6TH MARCH, 2009 P.C. . By the above Civil Application, the applicant prays for restoration of the Civil Application No.158 of 2007 which has been dismissed for non-prosecution on account of the conditional Order dated 4th June, 2007. By the said order, the applicant was to serve the respondent within a particular time frame and file an affidavit of service before the returnable date, on failure to do so the Civil Application would stand dismissed for non-prosecution. The 2 respondent is now appearing through Mr.D.B.Lonkar, advocate and therefore, the office objection, in my view, does not survive. The above Civil Application is, therefore, allowed in terms of prayer clauses (a) & (b). Civil Application No.158 of 2007 is accordingly restored to file. (R.M.SAVANT, J.)