IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.793 OF 2006 IN APPEAL FROM ORDER ST. NO.18904 OF 2006 Mahadeo Namdeo Deokate and others ..Applicants V/s. Sayabu @ Saheblal Usman Mulani ..Respondents and others Mr.Parag Shelke, advocate for applicants Mr.Tushar Kale for Uday Warunjikar, advocate for respondents Coram : D.G.Karnik, J Date : 9th November, 2006 P.C. 1. Heard learned counsel for the applicants and respondents. No affidavit in reply has been filed. Therefore, averments made in the application are deemed to be admitted. For the reasons stated in para 3 and 4 the delay of 46 days of filing application is condoned. Civil Application is allowed in terms of prayer clause (b). (D.G.Karnik, J.)