1 CA-114-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Mhi CIVIL APPLICATION NO. 114 OF 2009 IN CIVIL APPLICATION NO. 19 OF 2009 IN CONTEMPT PETITION NO. 343 OF 2005 Shankar Kumarappa Medar & Ors. ... Petitioners (Orig. Plaintiffs) Vs. Ulukuntappa Ullappa Naik & Ors. ... Respondents (Orig.Defendants) Mr. V.K.Gupta i/b. M/s. Gupta and Gupta ,Advocates, for the petitioners. Ms. Sunanda R.Kumbhat,Advocate for the respondent No.3. CORAM: J.H.BHATIA,J. DATE : 7th October, 2010. P.C. 1. Heard the learned Counsel for the petitioners and the learned Counsel for the respondent No.3. Respondent nos. 1, 2 and 4 are already served, but none is present for them. 2. Earlier, the Contempt Petition was dismissed for non-compliance of the conditional order of service. Civil Application NO.19/2009 was taken out for restoration of that Contempt Petition. However, C.A. also came to be dismissed for the same reason. The learned Counsel for the petitioners contends that it has 2 CA-114-09.sxw become impossible for him to serve the respondent No.5 and therefore he seeks to delete the name of the respondent No.5 and Contempt Petition and the C.A. against others may be restored. 3. For the aforesaid reasons - (i) This Application is allowed in terms of prayer clause (a). (ii) C.A. No.19/2009 is taken on board. (iii) C.A. No.19/2009 is allowed and the Contempt Petition No.343/2005 is restored to file. (iv) The petitioners are allowed to delete the name of respondent No.5. Contempt Petition be listed for admission against the remaining respondents. (J.H.BHATIA,J.)