1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION CIVIL APPLICATION NO.1265 OF 2009 IN SECOND APPEAL NO.354 OF 2005 Rabiyabi Ismailkhan Pathan and ors. ..Applicants Vs. Jagannath Dnyanoba Shelke and ors. ..Respondents ......... Mr.S.M.Gorwadkar, for applicants. Mr.Pritesh Bohade i/b.Mr.Dilip Bodake, for respondent nos.4 and 5. ......... CORAM : R.G.KETKAR, J. DATE : 26th AUGUST, 2010. P.C. : It is not in dispute that by order dated 14 th September, 2009 in the above Civil Application, the applicants were directed to serve copy of the Civil Application on the respondents within one week from the date of order, failing which the Civil Application was to stand dismissed without further reference to the court. It is not in dispute that the applicants did not serve the copy of the Civil Application on the proposed respondent nos.6 and 7 and, consequently, the Civil Application was dismissed for non prosecution. 2] By order dated 16 th August, 2010 in the above application, the time fixed in the order dated 14 th September, 2009 was extended till 6 th September, 2010. 2 However, since the Civil Application No.1265 of 2009 stood dismissed for non prosecution, the applicants will have to take out appropriate application for restoration of Civil Application No.1265 of 2009. It is only after the restoration of Civil Application No.1265 of 2009, notices could be issued to the proposed respondent nos.6 and 7. 3] In view of the above position, the order dated 16 th August, 2010 is recalled with a liberty to the applicants to take out fresh application for restoration of above Civil Application. [R.G.KETKAR, J.]