1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1572 OF 2008 IN CIVIL APPLICATION NO.1516 OF 2006 IN SECOND APPEAL NO. 612 OF 2004 Smt.Saraswati Dharma Patil deceased by her legal heirs Shri Jayhind Dharma Patil & ors. : Applicants. Versus Smt.Parvati Shankar Kavale deceased by heirs Smt.Indubai alias Laxmi Biva Salvi & ors. : Respondents. Shri. Amol P Mhatre for the Applicants. Shri. Santosh Patil for Respondent Nos. 4 and 7. Shri.S.S.Kanetkar h/f Shri G.S.Godbole for the Respondent Nos.1-1 to 1-7. CORAM : R.M.SAVANT, J. DATED : September 19, 2008 P.C. 1. At the out set Shri Amol P Mhatre, the learned advocate for the Applicants seeks leave to amend the above Civil Application so as 2 to incorporate prayer for condonation of delay. Leave as prayed for is granted. Amendment to be carried out forthwith. 2. By the above Civil Application, the Applicants pray for restoration of the Civil Application No.1516 of 2006 which has been dismissed on account of the conditional order dated 27.6.2008 passed by the learned Single Judge of this Court. By the said order, the learned advocate for the Applicant was directed to file affidavit of service in respect of the Respondents. Save and except the Respondent Nos.10(i) to 10(iv), the rest of the Respondents were served. Shri Amol Mhatre, the learned advocate for the Applicants, states that the said Respondents are now served and affidavit of service dated 15/9/2008 has been filed by him. 3. Shri Kanetkar h/f Shri G.S.Godbole for Respondent Nos.1-1 to 1-7 and Shri Santoshi Patil for the Respondent Nos.4 and 7 submit to the orders of the Court. 4. Hence for the reasons stated in the above Civil 3 Applications, the same is allowed in terms of prayer clauses (a), (aa) and (b). The Civil Application is accordingly disposed of. [R.M.SAVANT, J]