( 1 ) 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 LETTERS PATENT APPEAL NO.304 OF 2007 LETTERS PATENT APPEAL NO.304 OF 2007 LETTERS PATENT APPEAL NO.304 OF 2007 IN IN IN FIRST APPEAL NO.2041 OF 2006 FIRST APPEAL NO.2041 OF 2006 FIRST APPEAL NO.2041 OF 2006 Shakuntala L.Raut .. Appellant Vs. Kamal R.Parikh (since deceased) 1.a) Shri.Rajendra K.Parikh & Ors. .. Respondents Mr.N.V.Gangal for the Appellant. Mr.Zal Andhyarujeena i/by M/s.Malvi Ranchoddas & Co.for Respondent Nos.1 & 2. CORAM :- DR.S.RADHAKRISHNAN & CORAM :- DR.S.RADHAKRISHNAN & CORAM :- DR.S.RADHAKRISHNAN & S.A.BOBDE, JJ. S.A.BOBDE, JJ. S.A.BOBDE, JJ. DATE : 8th December, 2008 DATE : 8th December, 2008 DATE : 8th December, 2008 P.C. P.C. P.C. 1. Heard the learned Counsel for the Appellant and the learned Counsel for Respondent Nos.1 & 2. For the purpose of order we propose to pass, the presence of other Respondents is not necessary. 2. After hearing the learned Counsel for the parties for sometime, by consent of both the parties, the order dated 12th April, 2007 passed by the learned Single Judge in First Appeal No.2041 of 2006 is set aside. The learned Counsel for both the parties state that no reasons are needed to be recorded for the purpose of setting aside the order of the learned Single Judge, since this order is passed by consent. Letters Patent Appeal is accordingly allowed, and the above First Appeal No.2041 of 2006 is restored to file for admission. ( 2 ) 3. Mr.Gangal, the learned Counsel for the Appellant states that he will get the First Appeal No.2041 of 2006 listed before the learned Single Judge for admission during the week commencing on 5th January, 2009. 4. In view of disposal of the aforesaid Letters Patent Appeal itself, nothing further survives in the Civil Application No.151 of 2007, and hence, the Civil Application No.151 of 2007 also stands disposed of. (S.A.BOBDE,J.) (DR.S.RADHAKRISHNAN,J.) (S.A.BOBDE,J.) (DR.S.RADHAKRISHNAN,J.) (S.A.BOBDE,J.) (DR.S.RADHAKRISHNAN,J.)