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Bombay High CourtCAF/3813/2015disposed off

Rabiya Wasim Baig And ORS. v. Bharat Nivrutti Shinde And ORS.

2016-01-21Hon'Ble Mrs. Justice Mridula Bhatkar2 pages

914-caf-3813-2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3813 OF 2015 IN FIRST APPEAL NO.466 OF 2007 Rabiya Wasim Baig and Others ... Applicants vs.

Bharat Nivrutti Shinde and Others ... Respondents Mr. Sagar Batavia i/b. Mr. R.N. Sanghavi, for the Applicants.

CORAM:

MRS.MRIDULA BHATKAR, J.

DATE:

21st JANUARY, 2016 P.C.:

.

This Civil Application is moved for restoration of the First Appeal. The learned counsel for the Applicants prays that this Appeal is admitted however it was disposed of for non-compliance of filing of the paper book as per the order of this Court dated 21st October, 2010 passed by the Registrar(Jud-I) dismissing First Appeal No. 466 of 2007. Hence, the said order be recalled. He submits that he is ready to comply with the order by filing the paper book within two months. Vishal 1 / 2

914-caf-3813-2015.doc 2.

In view of the submission, the order dated 21st October, 2010 is hereby set aside. The Appeal is restored to its original file. 3.

The Appellants are directed to file the paper book on or before 31st March, 2016. If it is not filed within the stipulated period, the Appeal will be dismissed without referring to the Court forthwith on 31st March, 2016.

4.

Issue notice to the Respondents returnable on 31st March, 2016.

(MRS.MRIDULA BHATKAR, J.) 2 / 2