Shri Kankar Abdul Gani And 3 ORS. v. Shri Shaikh Kadar Shaikh Dagu And 7 ORS.

27 cas 264-18=

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Sneha N.

Chavan CIVIL APPLICATION NO. 264 OF 2018 IN SECOND APPEAL NO. 286 OF 1994 by Sneha N.

Chavan Date: 2021.03.01 11:23:35 +0530 Shri. Kankar Abdul Gani since deceased by his Lrs.

1(a) Smt. Jaibunnissa Kankar Shaikh & Ors.

.. Appellants V/s.

Shri. Shaikh Kedar Shaikh Dagu since deceased by his Lrs.

1(a) Irshadbi Shaikh Kadar & Ors.

..Respondents ---- Mr. Akhil Kupade i/b Manoj Harit & Co. for the Applicants. Mr. R.M. Mamin for the Respondent Nos.1/A to 1E. ---- CORAM : C.V. BHADANG, J.

DATE : 26th FEBRUARY, 2021 P.C.

1.

This is an application for recall of order dated 02.11.2017, by which the Second Appeal came to be dismissed for default. 2.

There is a delay of about 155 days in filing the application. 3.

On hearing the learned counsel for the applicants and the contesting respondent Nos. 1/A to 1E (original plaintiffs) and for the reasons mentioned in the application, the same is allowed in terms of prayer clause (a).

Sneha Chavan page 1 of 2

27 cas 264-18= 4.

Second Appeal No. 286 of 1994 stands restored to file. 5.

The Second Appeal to be added to the final hearing board, if, it is otherwise ready.

6.

Civil application is disposed of accordingly. C.V. BHADANG, J.

Sneha Chavan page 2 of 2