1 1 1 IN THE HIGH COURT OF JUDIATURE AT BOMBAY IN THE HIGH COURT OF JUDIATURE AT BOMBAY IN THE HIGH COURT OF JUDIATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9471 OF 2004 WRIT PETITION NO.9471 OF 2004 WRIT PETITION NO.9471 OF 2004 Babasaheb Bhima Kumbhar & Ors. .. Petitioners. Vs. Narwad Vikas Society Ltd. & Ors .. Respondents. Mr.N.J.Patil for the petitioners. Mr.D.A.Patil for respondent no.2. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 7TH DECEMBER, 2004 DATED : 7TH DECEMBER, 2004 DATED : 7TH DECEMBER, 2004 P.C.: . Leave to amend. The amendment be carried out within two days from today. 2. Mr.Patil, learned counsel for the petitioners states that the petitioners are prepared to furnish bank guarantee of a Nationalised bank of the sum of Rs.1,64,000/-. The petitioners may do so and file its copy on record before the returnable date failing which, the writ petition shall stand dismissed for non prosecution without further reference to the court. Issue notice before admission to respondent nos.1 and 3, returnable on 17.1.2005. Mr.Patil, learned A.G.P. waives service for respondent no.2. The learned Judge of the Co-operative Court may proceed with 2 2 2 the matter, however, shall not pronounce the judgment until returnable date. The petitioners to communicate this order to the Co-operative Court within one week from today. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)