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Bombay High CourtCAC/162/2018

Vasimuddin Wahajuddin ( Deleted Since Deceased) Thr. Lrs. v. Haji Abubaker Haji Issa (Deleted Since Deceased) Thr. Lrs. And ORS.

2019-01-11Hon'Ble Shri Justice Rajesh G. Ketkar2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.162 OF 2018 IN CIVIL APPLICATION NO.790 OF 2016 WITH CIVIL APPLICATION NO.122 OF 2017 IN CIVIL REVISION APPLICATION NO.205 OF 2014 [Vasimuddin Vs. Haji Abubakar Haji Isa & Ors. ] Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.Vivek K. Gupta, Advocate for Applicants.

Mr.Ramanand R. Sharma, Advocate for the Respondents.

CORAM : R. G. KETKAR, J.

DATE : 11/01/2019 P.C.:

1.

Heard Mr.Vivek Gupta, learned Counsel for the applicants and Mr.Ramanand Sharma, learned Counsel for the respondents, at length.

2.

This is an application for recalling the order dated 21.11.2018 passed in Civil Application Nos.790/2016 & 122/2017 in C.R.A. No.205/2014 after condoning the delay of 19 days caused in filing present civil application.

3.

By order dated 21.11.2018, Civil Application Nos.790/2016 & 122/2017 were dismissed in default.

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For the reasons stated in the application, I am satisfied that the applicants have made out a sufficient cause for condoning the delay as also for restoring Nos.790/2016 & 122/2017 to its original position. Hence, Civil Application is allowed in terms of prayer clauses (a) and (b).

5.

Civil Application Nos.790/2016 & 122/2017 are restored to their original position. Civil Application is disposed of in aforesaid terms with no order as to costs. Order accordingly.

(R. G. KETKAR, J.) Deshmane(PS)