: 1 : SD IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1358 OF 2005 CIVIL APPLICATION NO.1358 OF 2005 CIVIL APPLICATION NO.1358 OF 2005 IN IN IN FIRST APPEAL (ST.) NO.2689 OF 2005 FIRST APPEAL (ST.) NO.2689 OF 2005 FIRST APPEAL (ST.) NO.2689 OF 2005 Pranav Ramlal Samarth ...Applicant V/s. P. Thamaraiselvan & Ors. ...Respondents Mr.S.G. Thorat, Advocate, for the Applicant. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 7TH MARCH, 2008. DATE : 7TH MARCH, 2008. DATE : 7TH MARCH, 2008. P.C.: P.C.: P.C.: 1. Heard Advocate for the applicant. He states that affidavit of service of private notice to the 1st respondent is already filed. 3rd respondent is represented by an Advocate. None appears for the 3rd respondent. 2. Sufficient cause is made out for condonation of delay. Rule is made absolute in terms of prayer clause (a). [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]