1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1569 OF 2008 IN SECOND APPEAL NO. 352 OF 19888 Francis Simav D'Mello & ors. ........Applicants versus Robert Francis D'Mello & ors ........ Respondents. Mr. S.M. Gorwadkar for the Applicants CORAM: RANJIT V. MORE, J. DATED : 18th NOVEMBER,2008. P.C.: 1. Heard Mr. Gorwadkar learned counsel for the applicant. The Second Appeal was dismissed for want of service on respondent nos. 4(2) and 7(4), 7.6.3(i), 8.1(i), 8.1(ii), 8.1(iii) and 8.1(iv) as mentioned in para 3 of the civil application. Therefore the present application is taken out for restoration of the second appeal. The applicant has filed his affidavit pointing out that the Respondent nos. 8-1(i), 8-1(iii), 8-1(vi) are already on record. The applicant has further filed pursis in respect of Respondent nos. 8.2, 8.4 & 8.7 and seeks leave to delete namems of Respondent no. 7.6.3(i). Leave to delete the names of these respondents is granted at his own risk. Since nobody 2 appears on behalf of the served respondents, to contest the civil application, Second Appeal no. 352/1988 is restored to file for the reasons stated in the application. Office to proceed further. Civil application is accordingly disposed of. (R.V. More, J.)