-:1:- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO. 4094 OF 2008 APPLICATION NO. 4094 OF 2008 APPLICATION NO. 4094 OF 2008 IN IN IN FIRST FIRST FIRST APPEAL NO. 1255 OF 2007 APPEAL NO. 1255 OF 2007 APPEAL NO. 1255 OF 2007 Dattatraya Bapurao Nanaware & Anr. ... Applicant. V/s. Jagannath Bapurao Nanaware. ... Respondent. Mr. Nitin Muley i/b. G.S. Godbole for the Applicant. Mr. G.H. Gharat for the Respondents. CORAM CORAM CORAM : R.M. SAVANT, J. : R.M. SAVANT, J. : R.M. SAVANT, J. DATE DATE DATE : 27TH AUGUST, 2008. : 27TH AUGUST, 2008. : 27TH AUGUST, 2008. P.C. P.C. P.C. : : : . By the above Civil Application, the Applicant prays for restoration of the Civil Application No.447 of 2007 which has been dismissed for non-proseuction on account of the conditional order dated 11.2.2008. By the said order Rule came to be issued and the Applicants were directed to serve the Respondent by a private notice apart from the process through Court. The Respondent was represented by Shri G.H. Gharat at the time when the said order came to be passed. 2. In view of the fact that the Respondent was represented by an Advocate, the dismissal of the said Civil Application on account of the said conditional order was unwarranted. In that view of the matter, the above Civil Application is allowed in terms of prayer clauses (a) and (b). -:2:- 3. Resultantly, Civil Application No.447 of 2007 is restored to file. Since there is a delay of 171 days in preferring the above Civil Application, explanation for which is given in the body of the application, the Applicant to pay cost of Rs.1,000/- to the Respondent. The said cost to be paid within four weeks from date. 4. Civil Application is accordingly disposed of. (R.M. (R.M. (R.M. SAVANT,J.) SAVANT,J.) SAVANT,J.)