1 spb/ IN THE HIGH COURT OF JUDICATURE AT BOMBAY C IVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4560 OF 2009 IN FIRST APPEAL NO. 2772 OF 2007 WITH CIVIL APPLICATION NO. 6210 OF 2007 IN F.A. NO. 2772/2007 Mr. Baburao Tukaram Sagaonkar (deceased) through LRs: 1-A-Smt.Bhagirathibai Baburao & Ors. .. Applicants. V/s. Mr. Balkrishna Ganpati Sagaonkar & Ors. .. Respondents. --- Mr. V.D. Raut for the Applicants. Mr. P.D. Dalvi for Respondent Nos. 1 & 8. --- CORAM : A.M. KHANWILKAR AND A. A. SAYED , JJ. DATED : 10TH JUNE, 2010. P.C. 1. In response to the notice issued by this court only respondent nos. 1 and 8 have chosen to appear through their counsel. Insofar as the said respondents are concerned, they have no objection for allowing this application. The other respondents have neither appeared nor filed any reply to counter the assertions made in the application. For the reasons mentioned in the application which have remained uncontroverted, in the 2 interest of justice, the application is allowed in terms of prayer clause 8(a) to 8(c). Amendment in terms of this order be carried out within four weeks from today, failing which the appeal as well as other companion civil applications shall stand dismissed for non-prosecution without reference to the court. 2. Insofar as the Civil Application No. 6210 of 2007 is concerned, subject to compliance of the above condition, the same be listed for hearing on 15th July, 2010. (A.M. KHANWILKAR, J.) ( A. A. SAYED, J.)