1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2839 OF 2004 IN WRIT PETITION NO.6462 OF 1996 Shri Babu Maruti Upalavikar. ..Applicant. V/s. Nandkumar Ramkrishna Babar & Ors. ..Respondents. Mr.Vaibhav R. Gaikwad i/b. Mr.A.A.Kumbhakoni for applicant. Ms.Madhavi Tavandandi for Respondents. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : FEBRUARY 26, 2009. DATE : FEBRUARY 26, 2009. DATE : FEBRUARY 26, 2009. P.C. : P.C. : P.C. : 1. Counsel appearing for the Respondents has no objection, if this application is to be granted without prejudice to the rights and contentions available to the Respondents with regard to the merits of the case to be considered in the main matter. Accordingly, Application is made absolute in terms of prayer clause (b). Amendment be carried out in the course of the day, failing which Writ Petition to stand dismissed for non-prosecution without further reference to the Court. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)