Mohd.Abdul Hakeem Abdul Razzak Quraishi And Others v. Abdul Bashir A.Razzak Deceased Lrs. Baba A.Bashir And Others
{1} 913-CA-3870-2020
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO. 3870 OF 2020 IN SECOND APPEAL NO. 390 OF 2000 MOHD ABDUL HAKEEM ABDUL RAZZAK QURAISHI AND OTHERS
VERSUS
ABDUL BASHIR A. RAZZAK DECEASED LRS BABA A. BASHIR AND OTHERS ...
Advocate for Applicants : Ms. A.N. Ansari Advocate for Respondent Nos.4A to 4D : Mr. P.G. Rodge ....
CORAM : RAJESH S. PATIL, J.
DATE : 15th December, 2022 PER COURT :
1.
This Civil Application is fled for setting aside the order of dismissal of Second Appeal and for restoration of the same. 2.
By order dated 5th December, 2019, it was directed to the applicants to fle private paper-book within three (3) weeks and on failure of the same the appeal would stands dismissed without reference to the Court.
3.
The learned Counsel for applicants hereby submits that, before order dated 5th December, 2019 could be passed, they had prepared a private paper-book and had attempted to fle the same in the Registry. However the Registry objected the same and Pooja K.
{2} 913-CA-3870-2020 hence, they were supposed to fle private paper-book afresh, therefore, there was a delay. There is delay of 23 days in fling this Civil Application.
4.
The learned Counsel for the respondents opposes this application and states that, this is nothing but only delay tactics on behalf of applicants.
5.
I have gone through the contents of the Civil Applications and after hearing both sides satisfed with the grounds made in the setting aside conditional order dated 15th December, 2019. In view of the fact that already the paper-book has been fled in the Registry. This Civil Application is requires to be allowed in terms of prayer clauses 'B' and 'C'.
6.
The Second Appeal is added in the list of fnal hearing and should be taken up on Final Hearing Board as per its turn. 7.
Civil Application is disposed of, accordingly. [ RAJESH S. PATIL, J. ] Pooja K.