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.583 OF 2009 IN CIVIL APPLICATION NO.2410 OF 2005 IN WRIT PETITION NO.496 OF 1994 WITH CIVIL APPLICATION NO.584 OF 2009 IN CIVIL APPLICATION NO.2411 OF 2005 IN WRIT PETITION NO.496 OF 1994 WITH CIVIL APPLICATION NO.585 OF 2009 IN CIVIL APPLICATION NO.2698 OF 2008 IN WRIT PETITION NO.496 OF 1994 Sheikh Imbrahim Husainmiya. ..Applicant. V/s. 1.Smt.Putalabai w/o Bapusingh Pardeshi since deceased by her legal heirs and representatives. 1(a) Ulhas Bapusingh Pardeshi & Ors. ..Respondents. Mr.V.S.Gokhale for applicant. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : MARCH 3, 2009. DATE : MARCH 3, 2009. DATE : MARCH 3, 2009. P.C. : P.C. : P.C. : 1. For the reasons mentioned in the applications, in the interest of justice, Applications are made absolute in terms of prayer clauses 3(a) and 3(b). 2 2. Issue notice returnable on 6th May, 2009. 3. In addition, Applicant to serve the 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 concerned application to stand dismissed for non-prosecution without further reference to the Court as against unserved respondents. 4. The order dated 4th February, 2009 shall stand modified to the above extent only. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)