Lsp 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 APPLICATION NO. 157 of 2009 with CIVIL APPLICATION NO. 4321 OF 1999 IN WRIT PETITION NO. 1757 of 1995 Lalit Trambka Dhavale & ors. ...Applicants V/s. Anandibai S. Pardeshi(since deceased) through LRs Suman D. Pardeshi & anr. ...Respondents Mr. R.M.Hardas i/b. P.N.Joshi for the applicants. Mr. K.P.Mali i/b. V.A.Thorat for respondents. CORAM CORAM CORAM : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. DATED DATED DATED : 22ND JANUARY, 2009 : 22ND JANUARY, 2009 : 22ND JANUARY, 2009 P.C. . Although respondents have been served in the main matter (Civil Application No. 4321/1999), none appears for respondents. Mr. K.P.Mali states that he was appearing for sole respondent who is since deceased and he has no instructions. In the interest of justice and for the reasons mentioned in the application (Civil Application No. 157/2009), the same is made absolute in terms of prayer clauses (a)(b)&(c). 2. The Civil Application No. 4321/1999 against respondent no.2 stands restored in terms of this order. Said Civil Application now proceeds for hearing. 3. In Civil Application No. 4321/99, as aforesaid, inspite of service respondents have not appeared. For the reasons mentioned in the application in the interest 2 of justice, application is made absolute in terms of prayer clauses (a)(b)&(c). Therefore, notices issued to serve Sudan Thanking Parades is made returnable on 24th February, 2009. 4. Writ Petition No. 1757/1995 shall now proceed for hearing on 24th February, 2009. To be listed under caption ‘Senior Citizens’ as per its turn. 5. Both these applications are disposed of in the above terms. Amendment be carried out within one week from today. [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.]