IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.447 OF 2009 IN WRIT PETITION NO.5250 OF 1998 Girgul Farsu Mendoza (deceased) through heirs & legal respresentatives: 1a) Smt.Rita Girgool & Ors. ...Applicants V/s. Alice John Bastyao Rodrigues & Ors. ...Respondents ...... Ms.Vrushali Tapkir i/b Mr.R.A.Thorat for Applicants. None for Respondents. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. MARCH 13, 2009. MARCH 13, 2009. MARCH 13, 2009. P.C. 1. For the reasons mentioned in the Application, Application is made absolute in terms of prayer clause (a), on condition that the Applicants shall serve the fresh notice on the opponent No.1 on or before 4th April 2009, failing which, Writ Petition to stand dismissed for non-prosecution without further reference to the : 2 : Court. 2. If affidavit of service regarding proper service is filed, Petition be listed as per its turn under appropriate caption for hearing. A.M.KHANWILKAR, J.