Shri Mohammad Salim Usman And Others v. Shri Khan Burhanulla Abdul Baki

(39)-CAF-3752-16.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.3752 OF 2016 IN FIRST APPEAL NO.547 OF 1990 Shri. Mohammad Salim Usman & Ors.

..Applicants

Versus

Shri. 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 by legal heirs of Appellant No.2. Appellant No.2 died on 11.07.2004. The present Applicants however were not aware of the proceedings of the First Appeal. After they received the knowledge, they have filed this Application. 2.

Today by a separate order, this Court has restored the First Appeal and set aside abatement order.

3.

For the reasons stated, the Application stands allowed. Delay of 11 years and 285 days stands condoned.

4.

Necessary amendment in cause-title be carried out within two weeks from today.

5 .

The Application stands disposed of.

[KISHORE C. SANT, J.] BGP.