SM 1 18.caa.1830.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1830 OF 2011 IN APPEAL FROM ORDER NO. 113 OF 2011 Karni Singh s/o. Nandkishore Sharma ....Appellant. Versus Madhuri Dubey ....Respondent. ____________ Mr. A. M. Saraogi for the Appellant. Minal M. Kate for the Respondent No. 7. CORAM: R. M. BORDE, J. DATED : DECEMBER 19, 2011. P.C.: This is an application for setting aside the conditional order passed by this court on 24th January, 2011. The conditional order was passed on the aforesaid date directing dismissal of the appeal from order for non-prosecution in the event, the appellant fails to file affidavit of service until the next date. It is the contention of the counsel appearing for the appellant that the affidavit of service was ready, however, could not be filed. The counsel for the appellant presented affidavit of service to the Court, the same be accepted. 2. In that view of the matter, conditional order passed by this court on 24th January, 2011 is set aside and the appeal from order is restored to its original number. 3. Civil application stands disposed of. (R. M. BORDE, J.)