Shri Abdul Kadar Haque Since Deceased Thr. Lrs. 1a Habiba Bee Abdul Kadar And ORS. v. Pandey Mishra Company And ORS.

18 caf 2557-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2557 OF 2019 IN FIRST APPEAL NO. 1187 OF 1992 WITH CIVIL APPLICATION NO. 2558 OF 2019 IN FIRST APPEAL NO. 1188 OF 1992 Abdul Kadar Haque (since deceased through Lrs) Habiba Bee Adul Kadar & Ors.

..Applicant v/s.

Pandey Mishra Company & Ors.

..Respondents Mr. V.V.Thorat for the Appellant/Applicant.

Mr. B.P.Pandey I/b. Ms. Shishir Pandey for the Respondent No.1. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 5th AUGUST, 2019.

P.C.

1.

By these applications, the applicant has sought recall of Order dated 20.6.2019 whereby the First Appeal Nos.1187 of 1992 and 1188 of 1992 were dismissed for non-prosecution. The learned Counsel for the respondent states that he has no objection for recall of the order and restoration of the First Appeals. pps

18 caf 2557-19.doc 2.

In the light of the said statement, and in view of para 3 of the application, which in my considered view constitute sufficient cause, the Order dated 20th June, 2019 is recalled. Appeal Nos. 1187 of 1992 and 1188 of 1992 are restored to the file. The appeals be listed on final hearing board in the week commencing from 22nd August, 2019.

3.

Applications stand disposed of.

(ANUJA PRABHUDESSAI, J.) pps