: 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.819 OF 2005 CIVIL APPLICATION NO.819 OF 2005 CIVIL APPLICATION NO.819 OF 2005 IN IN IN FIRST APPEAL NO.590 OF 1993 FIRST APPEAL NO.590 OF 1993 FIRST APPEAL NO.590 OF 1993 V.L. Tari, Deceased, . Thru’ Rajani Vishwanath Tari & Ors. ...Applicants V/s. Madhukar Janardan Mulay & Ors. ...Respondents Ms.Anjali Helekar, Advocate, h/f. S.N. Dharap, for the Applicants. Mr.Kumar Brewa, Advocate, h/f. P.N. Shastri, for Respondent No.1. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 17TH MARCH, 2008. DATE : 17TH MARCH, 2008. DATE : 17TH MARCH, 2008. P.C.: P.C.: P.C.: 1. Heard Advocate for the applicants and Advocate for the 1st respondent. 2. The Application is strongly opposed by the Advocate for the 1st respondent. The 1st respondent has also filed a detailed reply. 3. The First Appeal is pending in this Court for final disposal. The deceased applicant No.1 is only one of the appellants to the Appeal. Considering the averments made in the Application, the same deserves to be allowed. However, the applicant will have to : 2 : pay costs to the 1st respondent. 4. Hence, I pass following order :- "O R D E R" "O R D E R" "O R D E R" (a). Application is allowed in terms of prayer clause (a). (b). The applicants will pay costs of Rs.3,000/- to the 1st respondent within a period of six weeks from today. (c). Amendment to be carried out within a period of eight weeks. 7 [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]