ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO. 194 OF OF MOTION NO. 194 OF OF MOTION NO. 194 OF 2008 2008 2008 IN IN IN APPEAL APPEAL APPEAL NO. 835 OF 2000 NO. 835 OF 2000 NO. 835 OF 2000 IN IN IN SUIT SUIT SUIT NO. 842 OF 1997 NO. 842 OF 1997 NO. 842 OF 1997 Sheela Rani Sharma & Ors. ...Appellants. Vs. The Municipal Corporation for Greater Bombay & Ors. ...Respondents. Mr.K.K.V.Kurup for the Appellants in support of Notice of Motion. Ms.P.P.Madhwani i/by Mr.V.T.Lulia for Respondent Nos. 2(a) to 2(d). Mr.K.N.Gaikwad for the B.M.C.. CORAM CORAM CORAM : DR.S.RADHAKRISHNAN & : DR.S.RADHAKRISHNAN & : DR.S.RADHAKRISHNAN & ANOOP ANOOP ANOOP V. MOHTA, JJ. V. MOHTA, JJ. V. MOHTA, JJ. DATED DATED DATED : 07TH MARCH, 2008 : 07TH MARCH, 2008 : 07TH MARCH, 2008 P.C. P.C. P.C. . Heard the learned counsel for the Appellants and the learned counsel for the Respondents. We have perused the Notice of Motion and the affidavit of the Appellants and also affidavit of the learned advocate for the Appellants. Having regard to the facts and circumstances of the case, we find that sufficient ( 2 ) cause is made out for recalling of our order dated 25th June, 2007 whereby, the above Appeal was dismissed in default. There is no case of inaction, negligence or want of bonafide on the part of the Appellants. Hence, the Notice of Motion is made absolute in terms of prayer (a). 2. Appeal is now restored to file. Place the above Appeal on board for final hearing on 24th March, 2008. (ANOOP (ANOOP (ANOOP V. MOHTA, J.) V. MOHTA, J.) V. MOHTA, J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.)