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.3598 of 2007. CIVIL APPLICATION NO.3598 of 2007. CIVIL APPLICATION NO.3598 of 2007. IN IN IN FIRST APPEAL NO.463 of 1979. FIRST APPEAL NO.463 of 1979. FIRST APPEAL NO.463 of 1979. Jivraj Devji Hirji & Ors. ..Applicants/ Appellants versus Shaileshbhai Devji Hirji & Others ..Respondents Shri Santosh Narwade i/b. M.P.Vashi for the applicants/appellants CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 27th April, 2009. DATED : 27th April, 2009. DATED : 27th April, 2009. P.C. 1. This Civil Application is taken out for setting aside Order dated 7.3.2007 and for restoration of Civil Application No.4142 of 2002. There has been delay of 46 days. Affidavit of service is filed. Nobody is present on behalf of the contesting respondents in the said application. 2. Considering the peculiar facts stated in the civil application, I am inclined to grant the same. 3. According, Civil Application is granted in terms of prayer clauses (a), (b) and (c). There shall be no Order as to costs. -2- 4. Office to put up the Civil Application No.4142 of 2002 for hearing on 7.5.2009. (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)