1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.767 OF 2008 WITH CIVIL APPLICATION NO.772 OF 2008 WITH CIVIL APPLICATION NO.2543 OF 2006 WITH CIVIL APPLICATION NO.2544 OF 2006 IN WRIT PETITION NO.3732 OF 2004 M/s.Vijay Exhibitors & Ors. ..Applicants. V/s. Shri Narayan V. Limaye(deceased) through L.Rs. & Ors. ..Respondents. Ms.Anita A. Agarwal for applicants. Mr.P.K.Joshi for respondent No.1. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : JULY 28, 2008. DATE : JULY 28, 2008. DATE : JULY 28, 2008. P.C. : P.C. : P.C. : 1. Not on board. Upon production taken on board. 2. These Applications were dismissed for non-prosecution on 15th July, 2008. On the same day, learned Counsel for the Petitioners mentioned the matter for restoration. However, as the Counsel for the Respondents was unavailable, liberty was given to the Petitioners to renew the request after giving 2 notice to the Respondents or to their Counsel. 3. Accordingly, notice is given to the Respondents, who are represented by the Advocate Shri Joshi. He submits that he has no objection for restoration of the Applications. He also submits that the Application Nos. 767/2008, 2543/2006 and 2544/2006 be made absolute in terms of prayer clauses (a), (b) and (c). 3. Accordingly, the Order dated 15th July, 2008 dismissing the Applications for non-prosecution is recalled. Applications are restored to the file and proceeded forthwith. 4. Civil Application No.772 of 2008 be heard alongwith the Writ Petition No.3732 of 2004. 5. By consent, Application Nos.767/2008, 2543/2006 and 2544/2006 are made absolute in terms of prayer clauses (a), (b) and (c). Amendment be carried out within two weeks from today, failing which Writ Petition to stand dismissed for non-prosecution without further reference to the Court. 3 (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)