... 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 APPLICATION NO.860 OF 2005 IN FIRST APPEAL NO.814 OF 1989 ........................................................... OFFICE NOTES, OFFICE MEMORANDUM OF CORAM, APPEARANCES, COURT’S COURT’S OR JUDGES ORDERS OR DIRECTIONS ORDERS AND REGISTRAR’S ORDERS ........................................................... Shri P.B. Sathe for the the Applicants. Shri Ajit Kenjale for the Respondent. CORAM CORAM CORAM : A. S. OKA, J. : A. S. OKA, J. : A. S. OKA, J. DATE DATE DATE : JULY 28, 2006. : JULY 28, 2006. : JULY 28, 2006. P.C.: P.C.: P.C.: 1. The learned Counsel appearing for the Applicants states that the contesting Respondent is duly served with the notice of Application and affidavit of service is filed. No reply has been filed. Delay is sufficiently explained. A case for setting aside abatement is made out. Rule is made absolute in terms of prayer clauses (a) to (c). Amendment to be carried out within six weeks from today. Office will place the First Appeal for final hearing if it is ready in all respects. JUDGE JUDGE JUDGE