1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 1345 OF 2011 IN FIRST APPEAL NO. 424 OF 1994 Nasira Khalil Shaikh and others ...Applicants VERSUS Shaikh Ayaz Abdul and anr. ...Respondents ..... Shri S.D.Pokharkar, advocate for the applicants Shri D.M.Pimpale holding for Shri A.B.Kale, advocate for the respondent no.1 Shri A.A.Joshi, advocate for respondent no.2 ..... CORAM : SHRIHARI P. DAVARE, J. DATED : 10 th February, 2011 PER COURT : 1 Heard learned counsel for the respective parties. 2 This is an application preferred by the applicants/appellants for restoration of First Appeal No. 424 of 1994, which was dismissed in default on 10.1.2011. Admittedly, application 2 is preferred immediately after dismissal i.e. on 12.1.2011, and therefore, same deserves to be allowed in the interest of justice. Moreover, for the reasons stated in the application, present application is required to be allowed. 3 In the result, present application is allowed in terms of prayer clauses ‘A’ and ‘B’ and First Appeal No. 424 of 1994 stands restored to its original position, recalling the earlier order of dismissal of the said appeal. 4 First Appeal No. 424 of 1994 be fixed for final hearing on 14.3.2011. 5 Present application stands disposed of accordingly. (SHRIHARI P. DAVARE, J.) dbm/ca1345.11