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 LETTERS PATENT APPEAL NO.45 OF 2008 LETTERS PATENT APPEAL NO.45 OF 2008 LETTERS PATENT APPEAL NO.45 OF 2008 WITH WITH WITH CIVIL APPLICATION NO.40 OF 2008 CIVIL APPLICATION NO.40 OF 2008 CIVIL APPLICATION NO.40 OF 2008 IN IN IN WRIT PETITION NO.653 OF 2008 WRIT PETITION NO.653 OF 2008 WRIT PETITION NO.653 OF 2008 WITH WITH WITH LETTERS PATENT APPEAL NO.46 OF 2008 LETTERS PATENT APPEAL NO.46 OF 2008 LETTERS PATENT APPEAL NO.46 OF 2008 WITH WITH WITH CIVIL APPLICATION NO.41 OF 2008 CIVIL APPLICATION NO.41 OF 2008 CIVIL APPLICATION NO.41 OF 2008 IN IN IN WRIT PETITION NO.655 OF 2008 WRIT PETITION NO.655 OF 2008 WRIT PETITION NO.655 OF 2008 M/s.Creation & Anr. ..Appellants. V/s. Mr.Jamnadas V. Thakkar ..Respondent. Mr.N.A.Modi i/b. S.T.Manek for appellant. Mr.Nitin Thakkar i/b. M/s.Thakore Jariwala & Associates for respondent. CORAM : SWATANTER KUMAR, C.J. AND CORAM : SWATANTER KUMAR, C.J. AND CORAM : SWATANTER KUMAR, C.J. AND J.P.DEVADHAR, J. J.P.DEVADHAR, J. J.P.DEVADHAR, J. DATED : 24TH MARCH, 2008. DATED : 24TH MARCH, 2008. DATED : 24TH MARCH, 2008. P.C. :- P.C. :- P.C. :- 1. We have heard learned counsel appearing for the parties. These appeals are directed against the order of the Single Judge dated 4th February, 2008. Learned counsel appearing for the parties are at ad-idem that the appeals can be disposed of with liberty to the plaintiffs to serve all the defendants except the present respondent (defendant No.153 in L.D. - = : 2 : = - Suit No.251 of 2002 and defendant No.160 in R.A.D. Suit No.677 of 1999) by publication of notice. The plaintiffs shall deposit the publication charges within 2 weeks from today. The public notice shall be in compliance of Order 5 Rule 20 of the C.P.C. 2. This direction is passed primarily on the basis that the plaintiffs have filed both the suits against 404 defendants, but they obviously have not been served till date. It is stated by learned counsel appearing for the appellants that they had sought leave of the trial Court to serve them in representative capacity which was opposed by the defendant No.153. Be that as it may, we have passed this direction to serve the application taken out by the defendant No.153 in L.D. Suit No.251 of 2002 as well as the plaint in the larger interest and to ensure that both the suits are not unnecessarily delayed and the proceedings are taken up for hearing by the concerned Court expeditiously. 3. The parties will appear before the trial Court on 4/4/2008. Registry shall ensure that copy of this order is sent to the trial Court and the notice shall be published by the date given in view of the larger interest. - = : 3 : = - 4. Appeals as well as the Writ Petitions are accordingly disposed of. 5. In view of disposal of the appeals, the Civil Applications have become infructuous and hence disposed of as such. 6. Parties are left to bear their own costs. CHIEF CHIEF CHIEF JUSTICE JUSTICE JUSTICE J.P.DEVADHAR, J. J.P.DEVADHAR, J. J.P.DEVADHAR, J.