Shri Mohammad Salim Usman Deceased Thr. L.R., Shaikh Imam Usman And ORS. v. Shri Khan Burhanulla Abdul Baki

(39)-CAF-3751-16.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BALAJI GOVINDRAO PANCHAL CIVIL APPELLATE JURISDICTION BALAJI GOVINDRAO PANCHAL Date: 2024.04.05 18:22:02 +0530 CIVIL APPLICATION NO.3751 OF 2016 IN FIRST APPEAL NO.547 OF 1990 Mohammad Salim Usman Since deceased through legal heirs Shaikh Imam Usman & Ors.

..Applicants

Versus

Khan Burhanulla Abdul Baki ..Respondent Mr. Vijay Killedar, for the Applicants.

CORAM : KISHORE C. SANT, J.

DATE : 4th APRIL, 2024 P.C.

1.

This Application is filed seeking restoration of the First Appeal No.547 of 1990, which was dismissed in view of order dated 18.03.2006. The Appellant was directed to file private paper-book within period of four days from the date of order and for noncompliance, the Appeal was to stand dismissed for want of prosecution. Appellant No.2 died in 2004 i.e. before passing of the order. Appellant No.1 died in 2009. Appellant No.3 also died on 08.08.2008. They were not aware of the order passed in 2006. Present Applicants are heirs of original Appellants. Even Applicants could not get knowledge of the impugned order. Applicants have also now filed additional affidavit on record stating that they BGP.

(39)-CAF-3751-16.doc.

received knowledge in 2015 while prosecuting Misc. Application No.647 of 1988 before the District Judge, Pune. In that proceedings, the Applicants got knowledge of pendency of filing of the Appeal and dismissal order. It is thereafter the present Application came to be filed and therefore there is delay of 9 years and 295 days. 2.

Considering above, the Application stands allowed. 3.

The First Appeal stands restored to its original status. 4.

The Civil Application stands disposed of.

[KISHORE C. SANT, J.] BGP.