IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.397 OF 2009 IN WRIT PETITION NO.878 OF 2008 Shri Dattatraya Kondiba Chakankar & Anr. ...Applicants V/s. Ms.Malan Baban Yadav & Ors. ...Respondents ...... Mr.S.A.Sawant for Applicants. Mr.P.S.Naram i/b Mr.S.S.Kulkarni for Respondent No.1. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. FEBRUARY 12, 2009. FEBRUARY 12, 2009. FEBRUARY 12, 2009. P.C. 1. Not on Board. Upon mentioning, taken on board. 2. The opinion recorded by the Assistant and Section Officer which has been approved by the Deputy Registrar (Civil) is not consistent with the conditional order passed on 14th October 2008. The effect of conditional order is to treat the Writ : 2 : Petition as dismissed for non-prosecution only against unserved Respondents and not in entirety. Accordingly, the Petition will have to proceed against the served Respondents only. 3. Application disposed of on the above terms. 4. Writ Petition No.878 of 2008 be listed on 24th March 2009 under appropriate caption. A.M.KHANWILKAR, J.