IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.5105 OF 2008 IN FIRST APPEAL NO.349 OF 2006 Sharad Krishnaji Modak & Anr. ..... Applicants V/s. Arun Waman Apte & Ors. .....Respondents Mr.Neville Lashkari i/by N.C.Dalal & Co., for the Applicant. Mr.T.D.Deshmukh, for the respondents. CORAM : SHRI P.B.MAJMUDAR & SMT.R.P.SONDURBALDOTA , JJ. DATED : 16TH OCTOBER, 2008. P.C. 1. Heard the learned Advocates appearing for the parties. The learned Advocate appearing for the respondents submitted that he has no objection if the appeal is restored to the file. 2. Considering the facts & circumstances of the case, the civil application is allowed. The First Appeal No.349 of 2006 is restored to the file. The First Appeal now may be listed for admission on 11-11-2008. The civil application stands disposed of. It is clarified that the learned Advocates appearing in the matter have only argued on the point of restoration of the appeal and no arguments have been made regarding other prayers and for interim relief. It is will be open to the applicants to file appropriate civil application for interim relief. ( R.P.SONDURBALDOTA J. ) ( P.B.MAJMUDAR, J. )