When the matter is called out, no appears for appellants.
On 12.3.2012, learned Judge (Coram: Hon'ble Mr. Justice K.S. Jhaveri passed following order:
"1.0 This Court on 07.02.2012 passed the following order:
"Counsel for the appellants to take appropriate steps for unserved respondents No.1 and 2 within a period of 4 weeks, failing which the appeal qua unserved respondents No.1 and 2 will stand dismissed. S.O. to 12.3.2012."
2.0 In spite of the aforesaid order, learned advocate for the appellant has not taken any action. Hence, the appeal stands dismissed for default. "
Since the appeal was dismissed, an application for restoration was filed which was allowed by 9.4.2012 on the condition that applicants were directed to file civil application for taking steps for serving un-served respondents.
Accordingly, civil application no. 4521 of 2012 was filed and prayer in terms of para 10 (B) and (C) came to be granted.
Rule was issued to un-served respondents and accordingly office note reveals that respondent No.2 is served and for respondent No.3, learned advocate Mr. K.K. Nair appears. Respondent No.1 is already ordered to be deleted.
The matter is kept for final disposal on 3.7.2012.
[ANANT S. DAVE, J.] //smita// Top