IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE SIDE SIDE SIDE CIVIL CIVIL CIVIL APPLICATION NO.846 of 2004. APPLICATION NO.846 of 2004. APPLICATION NO.846 of 2004. IN IN IN CIVIL CIVIL CIVIL APPLICATION NO.1405 OF 2003 APPLICATION NO.1405 OF 2003 APPLICATION NO.1405 OF 2003 IN IN IN APPEAL APPEAL APPEAL FROM ORDER NO. 860 OF 1987. FROM ORDER NO. 860 OF 1987. FROM ORDER NO. 860 OF 1987. ----------------------------------------------------------------- Office notes, office memoranda of Coram, appearances, Court’s Court’s or Judge’s orders. orders or directions and Registrar’s orders. ----------------------------------------------------------------- Ms.P.G.Bhatia for the Applicant. Shri U.J.Makhija for Respondent No.2. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATED DATED DATED : 8th MARCH, 2006. : 8th MARCH, 2006. : 8th MARCH, 2006. P.C.: P.C.: P.C.: 1. The learned Advocate appearing for the Applicant states that the Respondent No.1 is duly served with the notice of this Application and in fact Respondent No.1 was present on the last date. She tenders an affidavit of service on record. The statement is accepted. I have heard Shri Makhija appearing for the Respondent No.2. He has opposed the application. Considering the averments made in the Application, the same is allowed in terms of prayer clauses (a) and (b). Judge. Judge. Judge.