IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.5673 OF 2008 IN FIRST APPEAL NO.1122 OF 1995 Paliben Nathubhai Desai & Ors. ..... Applicants V/s. Mehul Jadavji Shah .....Respondent Mr.Sandesh Deshpande i/by Harshad Palve, for the Applicants. Mr.S.John i/by M.P.Savla & Co., for the respondent. CORAM : SHRI P.B.MAJMUDAR & SHRI J.P.DEVADHAR, JJ. DATED : 26th NOVEMBER, 2008. P.C. 1. Heard the learned counsel appearing in the matter. 2. Considering the facts & circumstances of the case, the civil application is allowed. First Appeal No.1122 of 1995 is restored to the file. The learned counsel for the applicants assured the court that he will remain present as and when the matter is fixed for hearing. First appeal No.1122/95 is fixed for hearing on 18-12-2008. Civil application is disposed of accordingly. ( J.P.DEVADHAR, J. ) ( P.B.MAJMUDAR, J. )