IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.861 OF 2007 IN WRIT PETITION NO.9303 OF 2004 Mohamedhusain Hasan Mulla Since deceased by his legal heirs: 1A.Maula Mohamed Husain Mulla & Ors. ...Applicants Versus Mahadev Anna Parit (since deceased) by his heirs- (a) Dada Mahadev Parit & Ors. ...Respondents ...... None for Applicants. Mr.S.M.Oak for Respondents 1(b) & 1(d). ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. AUGUST 4, 2008. AUGUST 4, 2008. AUGUST 4, 2008. P.C. P.C. P.C. 1. None appears for the Applicants when the matter is called out. Dismissed for non-prosecution. 2. Later on, Mr.V.B.Rajure for Applicants mentioned the matter requesting to recall the order dismissing the Application for default on the : 2 : ground that when the matter was called out, he was busy in some other Court. 3. For the reason mentioned, order dismissing the Application for non-prosecution is recalled. Application is restored to file to its original number. 4. By consent, Application made absolute in terms of prayer clauses (b) and (c). Amendment to be carried out within two weeks from today, failing which, Writ Petition to stand dismissed for non-prosecution without further reference to the Court. A.M.KHANWILKAR, J.