1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION A.O.NO. 994/2008 Abhayraj Sharadrao Shirole & anr. Appellants Vs. Yakub Hussein Shaikh & 29 ors. Respondents Mr.Virag Tulzapurkar,Sr.Counsel with Mr.R.D.Soni i/b Mr.U.B.Nighot advocate for the appellants Mr.Y.S.Jahagirdar,Sr.Counsel i/b Mr.P.S.Dani for Res.no.29 CORAM: S.J.VAZIFDAR,J. DATE : 5th December,2008 P.C. 1] Admit. Heard finally. 2] At the request of the parties the matter is not heard on merits . It was essential for defendant nos.1 to 28 and 30 to be served and to be given an opportunity of appearing as defendant nos.1 to 28 are the owners and defendant no.30 is a lessee of the suit property. To this extent as an opportunity of being heard is given to all these defendants the impugned order cannot be faulted . However,with a view to affording the plaintiff an opportunity of overcoming this difficulty the following order is passed :- [i] The appellant will be at liberty to take out a fresh application for the same relief. 2 [ii] It is agreed that as far as defendant no.29 is concerned it should be sufficient to serve the advocate of defendant no.29 in the trial Court . [iii] The remaining defendants shall be served in accordance with law. [iv] The application shall be heard without being influenced by what is stated in the impugned order . A.O.is disposed of accordingly.