1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.754 OF 2009 WITH CIVIL APPLICATION NO.938 OF 2009 Dr.Suman S.Rathod through her C.A. ..Appellant. Vs. Retnasamy Elango and anr. ..Respondent. CORAM : R.S. MOHITE, J. DATE : 5TH AUGUST, 2009 PC : 1. This appeal from order is directed against the order passed by the City Civil Court vacating ad interim relief because the defendant was not served. The relief was granted on 24.3.2009 and the defendants were to be served before 21.4.2009. Admittedly, service was effected thereafter. No fault can be found in the impugned order. However, the appellant will be at liberty to apply for interim relief afresh if he files an affidavit proving the service before the trial court and if such application is made, it may be considered on 2 its own merits. Appeal is disosed off. CIVIL APPLICATION NO.938 OF 2009 1. In view of the above order, civil application does not survive and the same is also disposed off. (R.S. MOHITE, J.)