1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.749 OF 2008 IN SECOND APPEAL NO.1525 OF 2005 Jagannath Pandurang Sathe & ors ..Applicants V/s. Bhoju Aba Galande(deceased) ..Respondents through Legal Heirs & ors Mr.Sandesh D. Patil, Advocate, for the applicants Mr.A.M.Kulkarni, Advocate, for the respondent Nos.1A to 1D CORAM : C. L. PANGARKAR, J. DATE : 28TH JANUARY, 2010 P.C. . Heard the learned counsel for the parties. 2. This application has been moved for restoration of the Appeal which came to be dismissed for not taking any steps for service on the respondents. The appeal came to be dismissed on 28 th July, 2006. This application has been moved on 2 nd May, 2007, for 2 restoration. An Affidavit of service was not filed and therefore, the appeal was dismissed. The learned counsel for the applicants submits that affidavit of service could not be filed because of the fact the applicant No.1 is very old person and could not contact him immediately. 3. The application is opposed by the learned counsel for the respondent Nos.1A to 1D. 4. However, considering age of the applicant No.1 and the fact that now all the respondents are served, the appeal stands restored to file. Mr.A.M.Kulkarni, Advocate waives service for the respondent Nos.1A to 1D. As far as the other respondents are concerned, issue fresh notice to the other respondents, returnable within a period six weeks. 3 5. In the mean time, the Order of stay as passed by this Court on 1 st March, 2006, shall stand revived. 6. The above Civil Application stands disposed of. (C.L.PANGARKAR, J.)