1. Shri Alamkhan Alias Kutub-Alam And ORS.. v. 1. Shri Sayyad Gaus Karim And ORS.

CRP 1 908-CAS-1055-2019 .doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1055 OF 2019 IN SECOND APPEL NO. 328 OF 2014 Shri. Alamkhan Alias Kutub-Alam & Ors.

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Applicants V/s.

Shri. Sayyad Gaus Karim & Ors.

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Respondents Mr. Jayesh M. Joshi, for the Applicants.

None for the Respondents.

CORAM : M. S. KARNIK, J.

DATE : 2nd AUGUST, 2019.

P.C.:- 1] This is an application for restoration of appeal against respondent Nos.1 to 5 and 7. Further, it is prayed for condonation of delay of 352 days in filing the Civil Application. 2] For the Reasons mentioned in the application, the delay in filing application is condoned.

3] Further for the reasons mentioned in the Civil Application the order passed by the Registrar Judicial-II dated 6th August, 2018 is set-aside.

4] Second Appeal stands restored against the unserved the Respondent Nos. 1 to 5 and 7.

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CRP 2 908-CAS-1055-2019 .doc 5] The learned counsel for the applicants to take steps within a period of four weeks from today to serve the unserved Respondent Nos. 1 to 5 and 7 failing which the second appeal shall dismissed against the unserved the Respondent Nos. 1 to 5 and 7. 6] Civil Application is allowed.

(M.S.KARNIK, J.) 2/2