: 1 : SD IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1528 OF 2006 CIVIL APPLICATION NO.1528 OF 2006 CIVIL APPLICATION NO.1528 OF 2006 IN IN IN SECOND APPEAL (ST.) NO.11009 OF 2005 SECOND APPEAL (ST.) NO.11009 OF 2005 SECOND APPEAL (ST.) NO.11009 OF 2005 Jacaruddin Ahamad Mulla, Deceased, . Thru’ Saipan Mulluk Jahiruddin ...Applicant V/s. Khatunbi Ibrahim Fulari & Ors. ...Respondents Mr.R.S. Alange, Advocate, for the Applicant. Ms.Manjiri Parasnis, Advocate, for Respondent Nos.1 and 2. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 1ST FEBRUARY, 2008. DATE : 1ST FEBRUARY, 2008. DATE : 1ST FEBRUARY, 2008. P.C.: P.C.: P.C.: 1. Heard Advocate for the applicant and Advocate for respondent Nos.1 and 2. Application is opposed by the Advocate for respondent Nos.1 and 2. 2. In view of averments made in the Application, the same is allowed in terms of prayer clause (b) subject to condition that Advocate for the applicant will serve private notice of Civil Application No.1220 of 2005 to all concerned parties returnable on 13th March, 2008. If affidavit of service is not filed before the returnable date, order of dismissal will stand. : 2 : [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]