IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3575 OF 2008 CIVIL APPLICATION NO.3575 OF 2008 CIVIL APPLICATION NO.3575 OF 2008 IN IN IN FIRST APPEAL NO.1448 OF 2006 FIRST APPEAL NO.1448 OF 2006 FIRST APPEAL NO.1448 OF 2006 Shoyed Jainuddin Merchant .. Applicant vs. Gangadhar Nivrutti Kathe & Ors. .. Respondents Mr.R.M.Hardas i/b Mr.P.N.Joshi for the applicant Mr.Milind Sathaye for the respondents CORAM: J.N. PATEL & CORAM: J.N. PATEL & CORAM: J.N. PATEL & A.A. SAYED, JJ A.A. SAYED, JJ A.A. SAYED, JJ DATE: 21ST NOVEMBER, 2008 DATE: 21ST NOVEMBER, 2008 DATE: 21ST NOVEMBER, 2008 (IN CHAMBER AT 2.40 P.M.) (IN CHAMBER AT 2.40 P.M.) (IN CHAMBER AT 2.40 P.M.) P.C. 1. Heard. 2. We do not find that in the facts and circumstances of the case, our order dated 18.06.07 and 02.07.07 require any modification or it is a fit case to recall the orders. 3. Application is dismissed. Parties seek liberty to move the court for expeditious hearing of the appeal. The learned counsel for the parties may move the court which is assigned with the matter for final hearing. (J.N. PATEL, J. ) (J.N. PATEL, J. ) (J.N. PATEL, J. ) (A.A. SAYED, J. ) (A.A. SAYED, J. ) (A.A. SAYED, J. )