1 49-cas-983-2011.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY srj CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.983 OF 2011 WITH CIVIL APPLICATION NO.984 OF 2011 IN SECOND APPEAL NO.253 OF 1998 Hussein N. Shaikh (since deceased) through his Legal Heirs & Others .. Applicants. V/s. Shri Altaf U. Shaikh .. Respondent. Mr. V. Z. Kankaria, for Applicants. Mr. P. N. Joshi, for the Respondent. CORAM : G.S.GODBOLE, J. DATE : 18th AUGUST, 2011. P.C.: 1 Heard the learned Advocates for the parties. 2 The Civil Application No. 983 of 2011 is filed for setting aside the order of abatement and restoration of the Second Appeal, whereas Civil Application No.984 of 2011 is filed for bringing heirs of deceased Sole 2 49-cas-983-2011.sxw Respondent on record and for restoration of the Second Appeal and the interim order, which was operating in the Appeal. The learned Advocate for the Respondent vehemently opposed the said applications. 3 However, accepting the reasons given in paragraphs 3 to 8 in Civil Application No.984 of 2011 and paragraphs 3 to 7 in Civil Application No.983 of 2011, both the Civil Applications are allowed in terms of prayer clauses (a), (b) and (c). 4 Necessary amendment in the cause title of the Second Appeal shall be carried out forthwith in the Court. (G.S.GODBOLE, J.)