-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.1067 OF 2001 APPLICATION NO.1067 OF 2001 APPLICATION NO.1067 OF 2001 IN IN IN SECOND SECOND SECOND APPEAL NO.903 OF 2001 APPEAL NO.903 OF 2001 APPEAL NO.903 OF 2001 Sampat Atmaram Khandagale & Ors. ...Applicants vs. Baburao Dnyanu Khandagale (since deceased through L.Rs.) ...Respondents Mr.M.R.Katikar for the Applicants Mr.T.S.Ingale for Respondent Nos.1a, 1d and 2a, 2b, 4, 5a and 6a. CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATE DATE DATE : FEBRUARY 7, 2008 : FEBRUARY 7, 2008 : FEBRUARY 7, 2008 P.C.: P.C.: P.C.: 1. Rule returnable on 30th April 2008. Shri Ingale waives service for Respondent Nos.1a, 1d, 2a, 2b, 4, 5a and 6a. In addition to service of notice through court, the Advocate for the Applicant shall serve private notice by Registered Post A.D. and/or by courier service and/or by hand delivery to the unserved of the Respondents and shall file Affidavit of service before the returnable date failing which the Application will stand dismissed for non prosecution. 2. If the decree for possession is not executed till today, the same shall not be executed till further orders subject to condition that the Applicants will not create any third party interests in respect of the suit property. -2- JUDGE JUDGE JUDGE JUDGE JUDGE JUDGE