1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION CIVIL CIVIL CIVIL APPLICATION APPLICATION APPLICATION NO. 441 & 442 OF 2008 NO. 441 & 442 OF 2008 NO. 441 & 442 OF 2008 inin in FIRST FIRST FIRST APPEAL APPEAL APPEAL (St) NO.2043 OF 2008 (St) NO.2043 OF 2008 (St) NO.2043 OF 2008 Sau.Sugandha Sau.Sugandha Sau.Sugandha A.Pathare A.Pathare A.Pathare ...... Applicant Applicant Applicant vs vs vs Shri Shri Shri Ramchandra Nagesh Sathe.. Ramchandra Nagesh Sathe.. Ramchandra Nagesh Sathe.. Respondents Respondents Respondents Ms.Swapna Ms.Swapna Ms.Swapna Abhyankar Abhyankar Abhyankar h/f Mr.D.N.Salvi for h/f Mr.D.N.Salvi for h/f Mr.D.N.Salvi for Applicant Applicant Applicant CORAM CORAM CORAM : : : A.S.OKA, A.S.OKA, A.S.OKA, J J J DATED DATED DATED : : : 31st 31st 31st January, 2008 January, 2008 January, 2008 P.C. P.C. P.C. Rule Rule Rule returnable returnable returnable on 3rd April, 2008. In addition on 3rd April, 2008. In addition on 3rd April, 2008. In addition toto to service of notice through Court, the Advocate service of notice through Court, the Advocate service of notice through Court, the Advocate for for for the applicant shall serve private notice by the applicant shall serve private notice by the applicant shall serve private notice by registered registered registered ost A.D. and/or by courier service ost A.D. and/or by courier service ost A.D. and/or by courier service and/or and/or and/or by hand delivery to the respondent and shall by hand delivery to the respondent and shall by hand delivery to the respondent and shall file file file affidavit of service before the returnable affidavit of service before the returnable affidavit of service before the returnable date date date failing which the application will stand failing which the application will stand failing which the application will stand dismissed dismissed dismissed for non prosecution. for non prosecution. for non prosecution. (A.S.Oka, (A.S.Oka, (A.S.Oka, J) J) J) 2