1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.249 OF 2007. APPLICATION NO.249 OF 2007. APPLICATION NO.249 OF 2007. IN IN IN CIVIL CIVIL CIVIL APPLICATION NO.867 OF 2006 APPLICATION NO.867 OF 2006 APPLICATION NO.867 OF 2006 IN IN IN SECOND SECOND SECOND APPEAL NO.1164 OF 2004. APPEAL NO.1164 OF 2004. APPEAL NO.1164 OF 2004. Mahammad Yusuf Abdul Rehman 1/1 Mariyambibi Mahammad Yusuf Patel & ors. : Applicants. versus Shafi Miyan Patel & ors. : Respondents. Mr.P.S.Dani for the applicants. Mr.Rahul P. Walvekar h/f Mr.D.S.Sawant for the respondents. CORAM CORAM CORAM : S.S.SHINDE, J. : S.S.SHINDE, J. : S.S.SHINDE, J. DATED DATED DATED : APRIL 23, 2008. : APRIL 23, 2008. : APRIL 23, 2008. P.C. P.C. P.C. 1. Rule. Rule returnable forthwith. 2. Heard the learned counsel for both the parties. 3. This is an application filed by the applicants for restoration of Civil Application No.867 of 2006 which was dismissed for default by this court on 6.7.2006. 2 4. After going through the contents of the present civil application, I am satisfied with the reasons given for absence of the applicants and the advocate on 6.7.2006 and, therefore, the present civil application deserves to be allowed. Rule is made absolute in terms of prayer clause (a). Civil Application No.249 of 2007 is disposed of. [S.S.SHINDE, [S.S.SHINDE, [S.S.SHINDE, J] J] J]