Shri Munisuvrat Swamy Jain Swetamber Murtipujak Trust/Sangh And ORS v. Mr. Ismail Yakob Payak

47.2553.19-caf.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application No.2553/2019 in First Appeal No.59/2013 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Ms. Guunjan Shah I/b. K. P. Shah for the Applicant CORAM: K.K.TATED, J.

DATED : AUGUST 21, 2019 P.C.

Heard. The learned counsel for the Applicant submits that by common order dated 24.01.2019 the First Appeal stood dismissed for non filing of paper book.

She submits that the paper book is ready.

She undertakes to file the same within four weeks from today. The undertaking is accepted.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Civil Application, I am satisfied that the Applicant has made out a case for allowing the Civil Application.

Basavraj G. Patil 1/2

47.2553.19-caf.odt Hence, following order is passed:

a.

The First Appeal is restored to file for hearing on merits.

b.

Time to comply with order dated 24.01.2019 is extended till 30.09.2019.

c.

The Civil Application stands disposed of accordingly.

d.

No order as to costs.

(K.K.TATED, J.) Basavraj G. Patil 2/2