1. Munir Ebrahim Khan And Others v. 1. Jamalsha Takiya Trust And Others

901-IA 15711-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 15711 OF 2023 IN FIRST APPEAL NO. 415 OF 1991 WITH FIRST APPEAL NO. 415 OF 1991 YUGANDHARA SHARAD PATIL by YUGANDHARA SHARAD PATIL Date: 2023.12.08 11:48:54 +0530 Munir Ebrahim Khan and Ors.

...Applicants/ Orig.Appellants

Versus

Jamal Shah Takiya Trust and Ors.

...Respondents

****** Mr. Balasaheb G. Ligade, Advocate for the Applicants/Appellants. Ms. Tanya Goswami, AGP for the Respondent-State. Ms. Gunjan Shah i/b Mr. P.B. Shah, Advocate for Respondent Nos. 3 to 8.

****** CORAM: M.M.SATHAYE J.

DATE : 6th DECEMBER, 2023 P.C. :

1.

This is an Application filed by the Appellants for restoration of above First Appeal which is dismissed for default under Order dated 27.02.2023. There is delay of 23 days in filing the Application. Learned counsel for the Applicants makes a categorical statement that he has Vakalatnama of all the Applicants/original Appellants and he is representing them. Learned counsel for the Respondent opposed this Application, however, record shows that no reply is filed till date opposing the Application. Yugandhara Patil 1 /2

901-IA 15711-2023.odt 2.

Considering the extent of delay and considering the averments in the Interim Application, sufficient cause is made out. Hence the Application is allowed in terms of prayer clauses (ai) and (b). Delay is condoned. The First Appeal is restored to file. Interim Application is disposed of accordingly.

3.

Learned counsel for the Applicants to file vakalatnama on behalf of all the Appellants in the above First Appeal within a period of 2 weeks from today.

4.

Place the aforesaid First Appeal under the caption of 'final hearing' on 20.12.2023. All concerned to act upon [M.M.SATHAYE,J.] Yugandhara Patil 2 /2