1 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.389 OF 2009 CIVIL APPLICATION NO.389 OF 2009 CIVIL APPLICATION NO.389 OF 2009 IN IN IN FIRST APPEAL NO. 775 OF 1997 FIRST APPEAL NO. 775 OF 1997 FIRST APPEAL NO. 775 OF 1997 The Dawoodbhoy Fazalbhoy Muslim Educational Trust & Ors. .. Applicants. vs. Kanhaiyalal Motilal Talera. .. Respondent. Mr. E.P. Bharucha, Sr. Adv., with Ms. Sandhya Tolat i/by Vimadalal & Co. for the Applicants. Mr. V.D. Patil for Respondent. CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & Smt.V.K.TAHILRAMANI, JJ. Smt.V.K.TAHILRAMANI, JJ. Smt.V.K.TAHILRAMANI, JJ. DATE: 5TH MARCH, 2009 DATE: 5TH MARCH, 2009 DATE: 5TH MARCH, 2009 P.C. . Heard. 2. It is submitted that as the matter was listed on the Weekly Board and the appearances were not shown correctly, the learned counsel for the parties could not appear in the matter when it was called for hearing. We find that there are good and sufficient reasons to recall our order dismissing the appeal for non-prosecution. Therefore, the order dated 1.10.2008 2 is recalled. The Appeal is restored and be placed for hearing in usual course. (J.N. Patel, J.) (J.N. Patel, J.) (J.N. Patel, J.) (Smt.V.K.Tahilramani, J.) (Smt.V.K.Tahilramani, J.) (Smt.V.K.Tahilramani, J.)