1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1957 OF 2006 IN WRIT PETITION NO.5365 OF 1987 Narayan Hari Waghmare since deceased through LRs. 1. Ajit Narayan Waghmare & Ors. ..... Applicants. V/s Madhukar Yeshwant Deshpande since deceased, through LRs. 1A. V.M. Deshpande & Ors. .... Respondents. ---- Mr. Rajiv Patil for the applicants. Ms. Asha Bhambhwani for Respondent Nos. 1A to 1E. ---- CORAM: V.M. KANADE, J. DATE : 21 st August, 2007 P.C.: 1. The learned Counsel appearing on behalf of the applicants submits that in Civil Application No.1957 of 2006 several objections were raised by the Office and, therefore, he has taken out two separate Civil Application Nos. 2084 of 2007 and 2085 of 2007. He, therefore, seeks permission to withdraw the Civil Application No.1957 of 2006. 2. Civil Application No.1957 of 2006 is, therefore, allowed to be withdrawn and disposed of accordingly. 3. The learned Counsel for the applicants has filed a praecipe in which he has stated that he has served 2 Respondent Nos. 1A, 1B & 1D. He submits that though notice was issued to Respondent No.1E by RPAD, he has not yet received the acknowledgment. The returnable date is, therefore, extended by another three weeks. The applicants may also take other steps to serve Respondent No.1E. Conditional order passed by this Court dated 27th July, 2007 is therefore extended by a further period of three weeks. 4. The learned Counsel appearing on behalf of the applicants submits that the original record has been destroyed by the Office pursuant to the Appellate Side Rules. He submits that he may be permitted to reconstruct the papers. Permission is granted. S. O. three weeks. (V.M. KANADE, J.) 3