1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION (ST.) NO. 15235 OF 2009 IN APPEAL FROM ORDER NO.536 OF 2009 WITH CIVIL APPLICATION NO. 650 OF 2009 Mr. Vimal Govind Gharat ....Applicant Versus Anjali Govind Gharat & Ors. ....Respondents Smt. Trupti J. Gohil for the Applicant. CORAM : R. V. MORE, J. DATED : 3RD JULY, 2009. P.C. Heard, learned Counsel for the Applicant. None appears for the Respondent No.1 though served by private notice. The Civil Application is filed for setting aside the dismissal of the Appeal from Order as against the Respondent No.1. 2. By the order dated 20th May, 2009, notice before admission was issued to Respondent No.1 and the same was made returnable on 15th June, 2009. On 15th June, 2009, the matter was adjourned to 29th June, 2009 to enable Applicant to serve the Respondent No.1 and interim stay was continued. On 29th June, 2009, the Appeal from Order was shown on admission board with remark that the same is dismissed as against the Respondent No.1 for non- service. The learned Counsel for the Applicant, submits that in fact the 2 Respondent No.1 was served prior to passing of the order dated 15th June, 2009. In that view of the matter, the Civil Application is allowed and the Appeal from Order is restored against Respondent No.1. The Civil Application is accordingly, disposed of. sd/- (R. V. MORE, J.) 3 3. Issue fresh notice to Respondent No.1 returnable after three weeks. Till then, interim stay granted on 20th May, 2009, shall be continued.