Bombay High CourtCAS/192/2014dismissed

Shikandar Mehboob Attar (Since Decd.Thr.L/H) 1. Smt. Ratanbi Shikandar Attar And ORS. v. 1 Karim M. Attar (Since Decd.)1a) Dastagir Karim Attar(Since Decd.Thr.L/H) 1a/1)Faruk Dastagir Atta

2016-09-02Registrar(Judicial Ii Sa)1 pages

ppn 1 35.cas-192-2014.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 192 OF 2014 IN SECOND APPEAL NO. 77 OF 1996 Shikandar Mahbooob Attar & Ors.

Applicants/ Appellants Vs.

Karim Mahibooob Attar & Ors.

Respondents --- Mr.Milind Deshmukh for Applicants/Appellants. Mr.Ramdas Shelke i/b. Mr.S.G.Deshmukh for Respondent No.1B & 1F. Mr.J.S.Yadav for Respondent No.2 to 7.

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

DATE : 2nd September 2016 P.C.

By this civil application, the applicants seek restoration of the second appeal which was dismissed in view of non-compliance of the order passed by the learned Registrar (Judicial-II) on 15th October 1999. Civil application is filed on 5th April 2012 after more than two years.

I have perused the averments made in the civil application. Delay of more than two years is not properly explained. 3.

Civil application is accordingly dismissed. In view of dismissal of the civil application, second appeal is also dismissed. In view of the order passed by this Court in this civil application, other civil applications pending, if any, do not survive and is accordingly dismissed. No order as to costs.

R.D. DHANUKA, J.