FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4496 OF 2008 IN CIVIL APPLICATION NO. 288 OF 2005 IN FIRST APPEAL (ST) NO.32236 OF 2004 [Hemant Chikhal V/s.Randhir Chikhal and Ors.] Office Notes,Office Memoranda of Coram, apperances, Court’s order or directions and Registrar orders Court’s or Judge’s orders Mr.Tushar Bhavsar,adv.for applicant. Mrs.Hetal Patel,adv.for respondent no.1 CORAM: SMT.R.P.SONDURBALDOTA, J. DATED: 30TH JUNE, 2009. P.C. : 1. Heard counsel for both sides. 2. This Civil Application is filed for restoration of the Civil Application NO.288 of 2005 filed by the applicant/appellant for condonation of delay. By the order dated 4th August, 2007 the appellant was directed to take steps for service of notice upon the respondents and file affidavit of service within a period four weeks. This direction was not complied with and the Civil Application came to be dismissed. Learned Counsel for the applicant submits that his clerk missed the matter on the board on 4th August, 2007 and thereafter did not keep track of the same. 3. Heard both the counsels. 4. For the reasons stated in the Civil Application the same is allowed in terms of prayer clause (a) and (b). Civil Application No.288 of 2005 is yet to be served upon respondents no.2 to 4. The appellant to take steps to serve the respondents within a period of three weeks from today. If no steps are taken, the Civil Application to stand dismissed without any further reference to the court. [JUDGE]