1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR M.C.A. No. 746/2007 (REVIEW) IN Second Appeal No. 262/2001 (DECIDED) (Mohd. Afsarmiya Bapumiya Deshmukh & 9 others VERSUS Sharifkhan Noorkhan Musalman & others ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Purohit h/f Shri V.M. Deshpande, counsel for the applicant. Shri M.A. Bapat, counsel for the R-1. CORAM : SMT. VASANTI A. NAIK, J. DATE : FEBRUARY 29, 2008. Heard Shri Purohit holding for Shri V.M. Deshpande, the learned counsel for the applicants and Shri M.A. Bapat, the learned counsel for the non-applicants. By this civil application, the applicants seek a review and recall of the order passed by this Court on 09.07.2007 by which the second appeal filed by the applicants was dismissed. The applicants have also prayed for restoration of the second appeal to file. It is submitted on behalf of the applicants that this Court could not have dismissed the second appeal filed by the applicants on merits in view of the specific provisions of Explanation to Rule 17 of Order XLI of the Code of Civil Procedure. I have perused the relevant provisions of 2 Order XLI. Since this Court had dismissed the second appeal on merits in view of the aforesaid specific provisions of the Code of Civil Procedure, it is necessary to recall the order passed by this Court on 09.07.2007 and restore the second appeal to file. The order dated 09.07.2007 is hereby recalled. The miscellaneous civil application is, therefore, allowed and disposed of. The second appeal be kept for rehearing on 14.03.2008. JUDGE APTE