Mr.Rafiuddin Husnobin Kazi Deceased Thr. Lrs. Kazi Jahanara Rafiyaoddin And ORS. v. Smt. Mushtaribegum Abulakalam Shaikh And ORS.

Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3990 OF 2014 IN FIRST APPEAL NO. 25 OF 2001 WITH CIVIL APPLICATION NO. 1659 OF 2016 AND CIVIL APPLICATION NO. 1779 OF 2017 Rafiuddin Husnobin Kazi (dead) through heirs and legal representatives Kazi Jahanara Rafiyaoddin & Ors ...Applicants

Versus

Mushtaribegum Abulakalam Shaikh & Ors

...Respondents

Mr SB Deshmukh, for the Appellant/Applicant in all CAFs.

Ms ARS Baxi, for Respondents Nos. 5 to 17.

Mr VR Kasle, for Respondents Nos. 18A to 18E. Mr SS Kulkarni, for Respondents Nos. 23, 23 (1 to 4), 23(6) & 24 (1 to 6).

CORAM: G.S. PATEL, J DATED:

PC:- 1.

There is insufficient reason to explain the quite considerable delay of seven years in filing this Application for restoration. In fact, the delay is seven years, four months and 15 days. What makes it

worse is that some of the Applicants were represented by Constituted Attorney. It is now said that there was inadvertence and inexperience on his part, and that he did not comply with a conditional order of this court.

2.

I do not see any cogent reason made out at all for restoration. 3.

There is another reason to dismiss the Civil Application. In the seven years that have since passed, several third party rights have intervened in respect of the properties in question. Pecuniary jurisdictional limits have also changed. A restoration will entail sending the matter to the District Court in Nashik where undoubtedly application after application will be made for injunction and so on. Third parties will be compelled to intervene to protect their own rights.

4.

All of this I am told should be done despite this wholly unexplained delay, only by imposing costs. Costs are not a panacea for this level of dereliction and lack of vigilance. A dismissal of the restoration Application is surely far more effective and final tool. 5.

The Civil Application is dismissed with costs of Rs.12,000/- which Mr Deshmukh with his usual fairness readily accepts. Costs are to be shared equally between all the Respondents. 6.

In view of the dismissal of the Civil Application, the First Appeal's dismissal is undisturbed.

7.

All other Civil Applications do not survive and are disposed of as infructuous.

(G. S. PATEL, J)