1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1539 OF 2008 IN CIVIL APPLICATION NO.371 OF 2008 IN SECOND APPEAL NO.722 OF 2007 Vishwas Shankar Bankar .. Applicant V/s. Bhaskar Krishnaji Avachat (Through his Power of Attoreny) Jaideep Bhaskar Awachat .. Respondent Mr.Shriram S.Kulkarni for the Appellant/Applicant. Mr.A.S.Joshi i/b/S.M.Oak for the Respondent. CORAM : R.M.SAVANT, J. DATED : 11TH SEPTEMBER, 2008. P.C. By the above Civil Application, the Applicant prays for restoration of Civil Application No.371 of 2008 as well as the above Second Appeal, both of them having been dismissed on account of the conditional order dated 21st 2 February, 2008. 2. The Second Appeal was admitted on the said day and Rule came to be issued on the Civil Application and the learned Advocate for the Appellant/Applicant was directed to serve the Respondent before the returnable date which was 10th June, 2008 and to file affidavit of service. On account of non-compliance of the said conditional order, the Civil Application being No.371 of 2008 which has been filed for stay came to be dismissed for non prosecution. 3. The learned counsel for the Appellant states that the Respondent is served, Shri S.M.Oka is appearing for the Respondent. In that view of the matter, the above Civil Application is required to be allowed and is, accordingly, allowed in terms of prayer clauses 'a','b' and 'c'. 3 4. The Civil Application is, accordingly, disposed of. 5. Ad-interim relief granted in Civil Application No.371 of 2008 to continue until further orders. List the Civil Application NO.371 of 2008 for hearing on 26th September, 2008. [R.M.SAVANT, J.]