Khalilur Raheman Hafiz Azizur Raheman v. Tukaram Sajan Sayanekar

901-cas1320-16 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1320 OF 2016 IN CIVIL APPLICATION NO.1374 OF 2015 IN SECOND APPEAL NO.636 OF 2015 Khalilur Raheman Hafiz Azizur Raheman & Ors.

...Applicants V/s.

Tukaram S. Sayanekar & Ors.

...Respondents

Mr.V. Pethe i/b Mr.Sagar Joshi for the Applicants. Mr.N.R. Bubna for the Respondent No.1.

CORAM : R.D. DHANUKA, J.

DATE : 26TH AUGUST, 2016.

P.C. :- 1.

By this civil application the applicants seek restoration of Civil Application No.1374 of 2015, which was dismissed for noncompliance of the conditional order passed by this Court on 2nd April, 2016.

2.

Mr.Bubna, learned counsel appearing for the original plaintiff has no objection if the order dated 2nd April, 2016 is recalled. The order dated 2nd April, 2016 is recalled on the condition that the applicants shall supply the copies of the papers and proceedings upon the respondents within two weeks from today and shall file 1/2

901-cas1320-16 affidavit of service in the office within two weeks from the date of service.

3.

The civil application is disposed of. No order as to costs. 4.

Ad-interim order is restored to file. In view of the age of the respondent no.1 being 90 years, hearing of Second Appeal No.636 of 2015 is expedited. Place the second appeal on board for hearing and final disposal in the week commencing from 26th September, 2016.

(R.D. DHANUKA, J.) 2/2