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Bombay High CourtCAS/614/2019disposed off

Smt.Kurshid Haidar Ali Sheikh And Others v. Shri.Abdul Kadir Abubakar Sheikh And Others

2019-10-14Hon'Ble Shri Justice R.D. Dhanuka2 pages

ppn 1 13.cas-614.19 in sa 104.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.614 OF 2019 IN SECOND APPEAL NO.104 OF 2018 Kurshid Haider Ali Sheikh & Ors.

..

Applicants/Appellants Vs.

Abdul Kadir Abubakar Sheikh & Ors.

..

Respondents --- Mr.Shivraj R. Patil for the applicants/appellants. None for the respondents.

--- CORAM : R.D.DHANUKA, J.

DATE : 14th October 2019 P.C.:

.

This civil application is not on board, taken on board. 2.

By this civil application, the applicants seek recall of the order dated 11th January 2019 passed by this Court dismissing the second appeal along with Civil Application No.234 of 2018 for want of prosecution.

3.

Learned counsel for the applicants invited my attention to the Exhibit 'B' to the civil application and would submit that the learned advocate had filed a leave note for the period from 9th January 2019 to 11th January 2019. The said leave note was not brought to the notice of this Court when the said order dated 11th January 2019 came to be passed.

ppn 2 13.cas-614.19 in sa 104.18.doc 4.

The order dated 11th January 2019 passed by this Court is recalled. Second Appeal No.104 of 2018 and the Civil application No.234 of 2018 are restored to file. Civil application is accordingly disposed of. No order as to costs.

R.D.DHANUKA, J.