Fulchand Ramkaran Yadav And ORS. v. Jatashankar Jainath Sharma And ORS.

17-IA-1810-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.1810 OF 2025 IN FIRST APPEAL NO.688 OF 2000 Fulchand R. Yadav & Others ..

Applicants.

In the matter between Fulchand R. Yadav & Others ..

Appellants.

v/s.

Jatashankar J. Sharma & Others ..

Respondents.

by SMITA RAJNIKANT JOSHI Date:

2025.09.19 10:23:09 +0530 SMITA RAJNIKANT JOSHI Adv. Sahil Wagh i/b. Adv. Abhishek Patil, for the Applicants/ Appellants. Adv. Rameez Khan i/b. Adv. Vikas K.Singh, for Respondent Nos. 2 & 3. CORAM: FIRDOSH P. POONIWALLA,J.

DATE : 18th SEPTEMBER, 2025.

P. C:- This Interim Application has been filed for the following relief:- "(a) that this Hon'ble Court be pleased to set aside/ recall the order dated 7th January 2025 passed in Interim Application No.18712 of 2022 in the above First Appeal, dismissing the same for non-prosecution and the said Interim Application No.18712 of 2022 be restored back to its original file and be heard on merits."

I have perused the Interim Application. In my view, sufficient cause has been shown by the Appellant/ Applicant for not being present on 7th January, 2025 when an Order was passed, dismissing this Interim Application for non prosecution.

S.R.JOSHI

17-IA-1810-2025.doc For this reason, the Interim Application is allowed in terms of prayer clause (a) which is already reproduced herein above. Place the Interim Application No.18712 of 2022 for hearing on 3rd October, 2025.

(FIRDOSH P. POONIWALLA,J.) S.R.JOSHI