1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.360 OF 2009 IN APPEAL FROM ORDER NO.715 OF 2008 Namdeo Kashinath Aher & anr. ..Applicants V/s Smt.Vandana Baban Vishe & ors ..Respondents Mr.Kunal Damle i/b.Mr.K.S.Dewal, Advocate, for the applicants None for the respondents CORAM : R.M.SAVANT, J. DATE : 6TH MARCH, 2009 P.C. . By the above Civil Application, the applicant prays for restoration of the Appeal from Order which has been dismissed for non-prosecution on account of the conditional Order dated 28th October 2008. By the said order, the applicants were directed to serve the respondent Nos.1 to 6 & 8 within a particular time frame on failure to do so the conditional order was to become operative and the Appeal from Order was to stand dismissed for non-prosecution. The 2 reasons why the conditional Order could not be complied are mentioned in the Civil Application. Considering the said reasons, case for restoration is made out. Civil Application is, therefore, allowed in terms of prayer clauses (a) & (b). 2. In view of the restoration of the Appeal from Order, issue fresh notice to the respondent Nos.1 to 6 & 8, returnable within a period of four weeks. Apart from the Court notice, the applicants shall serve a private notice on the respondents by Registered Post A.D. and/or by Courier Service and/or by Hand Delivery and shall file an affidavit of service before the returnable date. If the compliance is not made, the above Civil Application would stand dismissed for non- prosecution as against the unserved respondents without further reference to the Court. (R.M.SAVANT, J.)