Allowed

Shaikh Isaque Banemia (Deceased) through Lrs Ismail Isaque Shaikh and Ors. v. 1. Jamalsha Takiya Trustand Others

Bombay HC26 Aug 2012CAF/659/2012

Case brief

AI extract

What is this about?

In this civil application, the Bombay High Court allowed the applicants to restore their dismissed First Appeal, finding they had made out a sufficient case for its recall despite opposition from respondents.

What did the court decide?

Civil Application allowed; First Appeal No. 415 of 1991 restored to file; correction condoned.

Shaikh Isaque Banemia (Deceased) through Lrs… — Civil Procedure and Limitation | Bombay HC (2012)

904 caf 659.12.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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CIVIL APPLICATION NO. 659 OF 2012

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FIRST APPEAL NO.415 OF 1991

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Office Notes, Office Court's or Judge's orders. Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Mr. A.V. Anturkar i/b Mr. S.B. Deshmukh for the Applicants. Mr. Tanaji Mhatugde for Respondent no.1. Mr. P.B. Shah for Respondent nos. 3, 4 and 6 to 8. Mr. A.R. Patil, AGP for Respondent nos. 9 and 10. CORAM : K.K.TATED, J. DATE : 28/08/2012 PC : 1 The learned counsel appearing on behalf of the Applicants states that they do not want to bring legal heirs of deceased Respondent nos. 15 and 16 on record. The statement is accepted. 2 Heard the learned counsel for the parties.

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904 caf 659.12.doc

3 This Application is preferred by original Appellants for recalling the order dated 12^th September, 2011 by which the First Appeal dismissed as no one appeared on behalf of them when the matter called out.

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4 The learned counsel appearing on behalf of Respondent nos. 3, 4, 6, 7 and 8 vehemently opposed the present Civil Application. He states that the Applicants have not shown sufficient cause for recalling the order dated 12^th September, 2011.

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5 Considering the submissions made by the learned counsel appearing on behalf of the Applicants and the averments made in para nos.4 and 5 of the Civil Application, I am satisfied that the Applicants have made out case for restoration of the First Appeal. Hence, Civil Application is allowed in terms of prayer clauses (A) and (B) which read thus:

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904 caf 659.12.doc

“A) That this Honourable Court may be pleased to restore the First Appeal no. 415 of 1991 back to the file of this Honourable Court, by setting aside the order passed by this Honourable Court (Coram: A.S. Oka, J.) on 12^th September, 2011 in First Appeal no.415 of 1991. B) That this Honourable Court be pleased condone the delay, if any, in filing the present Civil Application.”

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6 Civil Application is disposed of accordingly.

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(K.K.TATED, J.)

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katkam

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Shaikh Isaque Banemia (Deceased) through Lrs Ismail Isaque Shaikh and Ors. v. 1. Jamalsha Takiya Trustand Others

Case brief

What is this about?

What did the court decide?

Shaikh Isaque Banemia (Deceased) through Lrs Ismail Isaque Shaikh and Ors. v. 1. Jamalsha Takiya Trustand Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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