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Bombay High CourtAO/1427/2013dissmiss for defaultnonprosecution

Aurangzeb Mohamed Ayub Khan v. Mohammed Yakub Mohammed Ayub Khan And ORS

2017-01-06Hon'Ble Shri Justice M.S. Sonak1 pages

227-ao-1427-2013

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1427 OF 2013 Mr.Aurangzeb Mohamed Ayub Khan ..Appellant V/s.

Mohammed Yakub Mohd. Ayub Khan & Ors.

..Respondents ---- Mr.Suryajeet P. Chavan i/by Mr.P.J. Thorat for the Appellant. Mr.A.M. Rajabally for Respondent Nos.1 to 6.

---- CORAM : M. S. SONAK, J.

DATE : 06 JANUARY 2017.

P.C.

1.

The learned counsel for the appellant states that the suit in which the impugned order came to be made has itself been dismissed for non-prosecution.

2.

Obviously, therefore, this appeal from order has become infructuous. In case, the suit is restored, the appellant shall have the liberty to apply for revival of this Appeal From Order. Such application if and when made, will be considered on its own merits and in accordance with law. (M. S. SONAK, J.) N.S. Kamble page 1 of 1