Caw 464 of 10 1 SSK/44 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.464 OF 2010 IN CIVIL APPLICATION NO.1806 OF 2004 IN WRIT PETITION NO. 6061 OF 1987 Yeshwant Sitaram Ukarde since deceased through heirs & Ors. ... Applicants/Petitioners Versus Laxman Dhanaji Mandave since deceased through heirs & Ors. ...Respondents Mr. S. M. Railkar, Advocate for the Applicants. Mr. M. G. Patil i/b. Mr. N. N. Bhadrashete, Advocate for Respondent No. 1(b). CORAM : R. V. MORE, J. DATED :30TH JULY, 2010. P.C.: The civil application is taken out by the Applicants for restoration of civil application no.1806 of 2010 to file and to delete names of some of the Respondents mentioned in paragraph no. 4 of the application. 2. On 6th August, 2004, this Court passed the following order: “ Rule, returnable eight weeks. Applicants undertake to serve the Respondents. That be done either personally or by speed post/Courier/E-mail and file Caw 464 of 10 2 SSK/44 affidavit of service on or before the returnable date, failing which the Writ Petition to stand dismissed for non-prosecution without further reference to the Court.” The Applicants could not serve the Respondents within stipulated time and therefore, the petition was dismissed for non- prosecution as per the said order. The Applicants have given reasons in paragraph no.5, which I find are satisfactory. The civil application is accordingly allowed in terms of prayer clauses (a), (b) and (c). 3. The civil application no.1806 of 2004 is restored to file. The Applicants are permitted to delete names of Respondents mentioned in paragraph no.4 of the application at their own risk. The Applicants shall serve private notice upon rest of the Respondents by Hand-Delivery and/or Registered Post A.D. and/or by Fax and/or by Courier and file affidavit of service within a period of four weeks from today. (R. V. MORE, J.)