1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL APPLICATION NO.1129 OF 2008 IN SECOND SECOND SECOND APPEAL NO.1303 OF 2005 APPEAL NO.1303 OF 2005 APPEAL NO.1303 OF 2005 Bhaskar Balwant Raut ... Applicants (since deceased, through his LRs.) Smt.Bhamini Bhaksar Raut & Ors. Vs. Subhash Jagannath Raut & Ors. ... Respondents Mr. S.H. Joshi for applicants. Mr. Sandesh Deshpande for respondents. CORAM CORAM CORAM : R.S. MOHITE, J : R.S. MOHITE, J : R.S. MOHITE, J. DATE DATE DATE : 4TH JULY, 2008 : 4TH JULY, 2008 : 4TH JULY, 2008 P.C. P.C. P.C. :- :- :- 1. Heard both sides. 2. Learned Advocate for the respondents states that there is serious objection for restoration. 3. However, in the circumstances and for the reasons which have been mentioned in the Civil Application which are accepted in the interest of justice, the Civil Application is allowed in terms 2 of prayer clauses (a) and (b). 4. The Civil Application No.899 of 2008 is thus restored to file and to be placed for orders on 11/7/2008. ( R.S. MOHITE, J.) R.S. MOHITE, J.) R.S. MOHITE, J.)