1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION 1. CIVIL APPLN NO. 2693 OF 2003 IN F.A.NO.650/2000 WITH 2. CIVIL APPLN NOS.4297 & 4298 OF 2005 IN F.A.NO.650 /2000 WITH 3.CIVIL APPLN NO. 3039 OF 2002 IN F.A.NO.649/2000 WITH 4. CIVIL APPLN NO. 2695 OF 2003 IN F.A.NO.649/2000 WITH 5. CIVIL APPLN NO. 4300 OF 2003 IN F.A.NO.6649/2000 WITH 6. CIVIL APPLN NOS 4295 & 4296 OF 2005 IN F.A.NO.649/ 2000. Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. None for the applicants in CAF/2693/03. Mrs Anjali Helekar for respondent no.3in CAF/2693/03. Mr S.V.Sadavarte for the applicants in CAF/2695/03. Mrs Anjali Helekar for respondent no.1 in CAF/2695/03. None for the applicants in CAF/3039/02. Mrs Anjali Helekar for respondent no.1 in CAF/3039/02. Mr S.V.Sadavarte for the applicants in CAF/4295/05 and 4296/05. Mrs Anjali Helekar, for respondent no.1 in CAF/4295/05 and 4296/05. None for the applicants in CAF/4297 and 4298/05. Mrs Anjali Helekar, for respondent no.3 in CAF/4297/05 and 5298/05. CORAM : D.B.BHOSALE,J. DATE : 03/12/2010. T 2 PC: C.A. NO. 2693 OF 2003 IN F.A.NO.650/ 2000. Heard learned counsel for the applicants and learned counsel for respondent no.3. This civil application is filed for bringing on record the heirs and legal representatives of the deceased- respondent no.6. In this application, rule was issued on 5.3.2004. From the office note, it appears that the respondents are not yet served and hence this application remained pending since last about eight years. In the circumstances, issue fresh notice to the respondents, returnable on 28.1.2011. In addition to Court's notice, the applicants to serve the unserved respondents by Advocate's notice, either personally or by Speed post/Fax, and file affidavit of service before the returnable date failing which the application shall stand dismissed for non 3 prosecution without further reference to the court. C.A. NOS.4297 & 4298 OF 2003 IN F.A.NO.650 /2000. Heard learned counsel for the applicants and learned counsel for respondent no.3. By the first civil application, the applicants have prayed for allowing them to bring on record the heirs and legal representatives of the deceased respondent no.12. This application was filed in 2005. The notice was issued by this Court in October, 2005 itself and since Bhatta was not paid notices were not issued. By way of last chance, I am passing the following order : Issue notice to the respondents, except respondent no.3, returnable on 28.1.2011. In addition to Court's notice, the applicants to serve the unserved respondents by Advocate's notice, either personally or by Speed post/Fax, 4 and file affidavit of service before the returnable date failing which the application shall stand dismissed for non prosecution without further reference to the court. CIVIL APPLN NO. 3039 OF 2002 IN F .A. NO. 649 /200 0. Learned counsel for the applicants and learned counsel for respondent no.1. Learned counsel for the parties submit that the sole applicant has expired. It is not clear whether the appellants in the First Appeal have taken steps to bring the heirs and legal representatives of the deceased-applicant on record. In any case, this civil application cannot be allowed and dismissed as such. CIVIL APPLN NO. 2695 OF 2003 IN F.A.NO.649/2000. This civil application is filed for bringing on record the heirs and legal representatives of the deceased- respondent no.6. In this application, rule 5 was issued on 6.2.2004. From the office note, it appears that the respondents are not yet served and hence this application remained pending since 2003. In the circumstances, issue fresh notice to the respondents, returnable on 28.1.2011. In addition to Court's notice, the applicants to serve the unserved respondents by Advocate's notice, either personally or by Speed post/Fax, and file affidavit of service before the returnable date failing which the application shall stand dismissed for non prosecution without further reference to the court. CIVIL APPLN NO. 4300 OF 2003 IN F. A. NO.6649/2000. Heard learned counsel for the parties. By this civil application, the applicants have prayed for injunction restraining the respondents from creating any third party interest in the suit property. This Court has granted ad- interim relief in terms of prayer clause 6 (a) on 20.11.2003. The ad-interim relief operates till this date. Mr Sadavarte, learned counsel for the respondents, submits that till this date the respondents have not created any third party interest in the suit property. His statement is accepted. In view thereof, this civil application is made absolute in terms of the order dated 20.11.2003. The civil application is disposed of. CIVIL APPLN NOS 4295 & 4296 OF 2005 IN F.A.NO.649/2000. Heard learned counsel for the applicants. Issue fresh notice to the respondents, returnable on 28.1.2011. In addition to Court's notice, the applicants to serve the unserved respondents by Advocate's notice, either personally or by Speed post/Fax, and file affidavit of service before the returnable date failing which the application shall stand dismissed for non 7 prosecution without further reference to the court. (D.B.BHOSALE,J.)