Shri. Mohmad Aslam Shaikh v. 1. Shri. Nabiram Hajmulla Chaowdhary And ANR.

47-CAF-163-2024 copy.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 163 OF 2024 (for condonation of delay) IN FIRST APPEAL NO. 664 OF 2010 Digitally signed by SHRADDHA KAMLESH TALEKAR Date:

2024.08.22 13:23:03 +0530 SHRADDHA KAMLESH TALEKAR Shri Mohmad Aslam Shaikh .. Applicant

Versus

1. Nabiram Hajmulla Chaowdhary & Anr.

...Respondents

Ms. Amrin Khan i/b Mr. A.M. Gokhale, for Applicant. CORAM : SOMASEKHAR SUNDARESAN, J.

Date :

August 20, 2024 P C :

1.

Having heard Learned Counsel for the Appellant, it is found that Civil Application No. 163 of 2024 has been taken out for restoration of First Appeal No. 664 of 2010, which came to be dismissed pursuant to the Court's conditional order dated 19th October, 2010, for non-prosecution. 2.

Having heard the Learned Counsel for the Applicant, a case is made out for restoration of the First Appeal. Consequently, Civil Application is hereby allowed. The First Appeal and connected Applications stand restored to file.

August 20, 2024 Shraddha Talekar, PS

47-CAF-163-2024 copy.docx 3.

The Civil Application is disposed of.

4.

The Appeal and connected Applications be listed for consideration before the regular Bench on September 9, 2024. 5.

This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by [SOMASEKHAR SUNDARESAN, J.] August 20, 2024 Shraddha Talekar, PS