1 mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1166 of 2008 IN WRIT PETITION NO. 6993 of 1998 Kuvarji Dharshi (Decd) by LRs Bhupendra Kunverji Motta & Ors. .. Applicants versus Nutanlal Pitambardas Tanna & ors. .. Respondents ... Ms.Prachi Tatke i/b R.A. Thorat for the applicants. Mr.Vishal Thacker for respondents. CORAM : A.M.KHANWILKAR, J DATED : 11th August 2008 P.C.: 1. Although this application is opposed by the respondents on the argument that incorrect statement is made in paragraph no.4 of the application, however in the interest of justice, this application is allowed on condition that the petitioner shall pay 2 costs of Rs.5,000/- to the respondents within two weeks from today failing which Registry to assume that this application has been dismissed for non prosecution without further reference to the court. Inspite of delay of almost 8 years, in taking out the present application, I am inclined to show indulgence to the applicants as other petitioners are challenging the self same judgement of the lower court which was challenged by the petitioner no.3 along with them. 2. Accordingly, application is made absolute in terms of prayer clause (a), (b) and (c) on the above condition. Amendment to be carried out within three weeks from today failing which writ petition to stand dismissed for non prosecution without further reference to the court. (A.M.KHANWILKAR, J)