IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION 2801 OF 2008 IN CIVIL APPLICATION NO 2904 OF 2006 IN WRIT PETITiON NO 1273 OF 2005 1. Bank of Maharashtra .. Petitioners / Applicants V/s. 1a. Zulekha Usmangani M. Patrawala & Ors .. Respondents And Kadir Patrawala & Ors .. Prop. Respondents Mrs. S. Survey for the Petitioners Mr. Naseem Patrawala for the Respondents CORAM : A.M. KHANWILKAR, J DATE : 03 rd February, 2009 P.C. 1. Heard counsels for the parties. 2. Although, this application is opposed on the ground that the application is hopelessly time barred, in my opinion, in the interest of justice, it is appropriate to grant relief as prayed in this application in terms of Prayer Clause 11(a). This is so because, it 1 is not in dispute that other co-owners are already on record and the matter will have to be neverthless proceeded against them. Hence, no prejudice will be caused to the opposite party if this relief is to be granted. Accordingly, application is made absolute in terms of Prayer Clause 11(a). Amendment be carried out within two weeks from today failing which Writ Petition stands dismissed for non prosecution without further reference to the Court. If steps are taken in time, Civil Application be listed 2904 of 2006 be listed on board on 20.02.2009 (A.M. KHANWILKAR, J) 2