IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.107 OF 2009 IN WRIT PETITION NO.1873 OF 2004 Tribhuvan Tulsiram ...Applicant V/s. Henry Pereira (since deceased) through heirs & legal representatives Mrs.Marthan Pereira (since deceased) 1) Mr.Earnest Pereira & Ors. ...Respondents ...... Mr.Vrushali Tapkir i/b Mr.R.A.Thorat for Applicant. None for Respondents. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. FEBRUARY 5, 2009. FEBRUARY 5, 2009. FEBRUARY 5, 2009. P.C. 1. Application is allowed in terms of prayer clause 5(a) in the interest of justice. However, fresh notice be served on the Respondents within eight weeks from today. 2. In addition, Applicant to serve the Respondents by Advocate’s notice, either personally : 2 : or by speed post/ e-mail/fax, and file an affidavit of service before the returnable date, failing which, Petition to stand dismissed for non-prosecution without further reference to the Court. A.M.KHANWILKAR, J.