The High Court recalled an order dismissing the first appeal for non-prosecution due to clerical errors and restored the appeal for hearing in the usual course.
The order dated 1.10.2008 dismissing the appeal was recalled, and the appeal was restored.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.389 OF 2009
IN
FIRST APPEAL NO. 775 OF 1997
The Dawoodbhoy Fazalbhoy Muslim
Educational Trust & Ors. .. Applicants.
vs.
Kanhaiyalal Motilal Talera. .. Respondent.
Mr. E.P. Bharucha, Sr. Adv., with Ms. Sandhya
Tolat i/by Vimadalal & Co. for the Applicants.
Mr. V.D. Patil for Respondent.
CORAM: J.N. PATEL, &
Smt.V.K.TAHILRAMANI, JJ.
DATE: 5TH MARCH, 2009
P.C.
. Heard.
2. It is submitted that as the matter was listed
on the Weekly Board and the appearances were not shown
correctly, the learned counsel for the parties could
not appear in the matter when it was called for
hearing. We find that there are good and sufficient
reasons to recall our order dismissing the appeal for
non-prosecution. Therefore, the order dated 1.10.2008
2
is recalled. The Appeal is restored and be placed for
hearing in usual course.
(J.N. Patel, J.)
(Smt.V.K.Tahilramani, J.)
The Dawoodbhoy Fazalbhoy Muslim Educational Trust & Ors.
Kanhaiyalal Motilal Talera
J.N. PATEL
Smt.V.K.TAHILRAMANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court