mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1436 of 2008 IN WRIT PETITION NO.8416 of 2005 Parubai K. Asabe (Decd) by LRs Dnyaneshwar V. Barbote .. Applicant versus Mangal Bhagwan Kadam & Anr. .. Respondents ... Mr.Suresl S. Shah for the applicant. CORAM : A.M.KHANWILKAR, J DATED : 12th August 2008 P.C.: 1. Prima facie, I am not convinced with the explanation offered in paragraph nos.7 and 8 so as to explain the inordinate delay of over 1 year and 6 months. However, by way of indulgence to the applicant, notice is issued to the respondents on condition that the applicant shall deposit sum of Rs.20,000/- in this court within two weeks from today failing which application to stand dismissed for non prosecution without further reference to the court. The said amount can be availed by the respondent nos.1 and 2 equally after entering appearance in this court pursuant to the notice to be served on them. The application will be considered on its own merits subject to the objections available to the respondents. The order regarding defraying the amount deposited by the applicant will be passed at the later stage. 2. If steps are taken in time, notice is returnable on 15th September 2008. 2. In addition, applicants to serve the respondents by advocate’s notice, either personally or by courier/speed post/e-mail/fax, and file an affidavit of service before the returnable date. (A.M.KHANWILKAR, J)