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.2657 OF 2008 IN WRIT PETITION NO.4114 OF 2007 Ms.Suman S. Modi & Ors. ..Applicants. V/s. Gokuldas P. Saraf(deceased) through LRs. 1A.Gopaldas G. Saraf & Ors. ..Respondents. Mr.Khadapkar i/b. Mr.R.G.Ketkar for applicants. Mr.S.M.Gorwadkar for Respondent No.8A. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : JANUARY 23, 2009. DATE : JANUARY 23, 2009. DATE : JANUARY 23, 2009. P.C. : P.C. : P.C. : 1. This Application is allowed in terms of prayer clause (a) in the interest of justice. Fresh notice is made returnable on 4th March, 2009. 2. In addition, applicant to serve fresh notice on the concerned Respondents by advocate’s notice either personally and/or by speed post and/or by email and/or by fax and file affidavit of service before the returnable date, failing which Petition to stand dismissed for non-prosecution without further reference to the Court. 2 (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)