: 1 : Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.10512 OF 1998 CIVIL APPLICATION NO.10512 OF 1998 CIVIL APPLICATION NO.10512 OF 1998 IN IN IN SECOND APPEAL (ST.) NO.36668 OF 1998 SECOND APPEAL (ST.) NO.36668 OF 1998 SECOND APPEAL (ST.) NO.36668 OF 1998 Rekhi Departmental Stores ...Applicants V/s. Mulla Khan Alli Kadarbhai Trust & Ors. ...Respondents Mr.R.S. Alange, Advocate, for the Applicants. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 16TH OCTOBER, 2007. DATE : 16TH OCTOBER, 2007. DATE : 16TH OCTOBER, 2007. P.C. : P.C. : P.C. : 1. Heard Advocate for the applicants. None appears for the respondents though the notice is served. The Civil Application is already dismissed as against respondent Nos.5a, 5b, 5c and 3. The Civil Application stands abated as against respondent No.4. 2. Sufficient cause is made out for condonation of delay of 93 days. Hence, Rule is made absolute in terms of prayer clause (b). 3. It is made clear that the Second Appeal does not survive as against Respondent Nos.3, 4, 5a, 5b and 5c. : 2 : [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]