: 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.140 OF 2008 CIVIL APPLICATION NO.140 OF 2008 CIVIL APPLICATION NO.140 OF 2008 IN IN IN SECOND APPEAL NO.131 OF 1983 SECOND APPEAL NO.131 OF 1983 SECOND APPEAL NO.131 OF 1983 Gulab Abbas Patwekar, Deceased, . Thru’ Shamsuddin G. Patwekar & Ors. ...Applicants V/s. Ahmed Mohammad Hanif Patwekar & Ors. ...Respondents Mr.A.R. Shaik, Advocate, for the Applicants. . Mr.N.J. Hombalkar, Advocate, for the Respondents. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 24TH JANUARY, 2008. DATE : 24TH JANUARY, 2008. DATE : 24TH JANUARY, 2008. P.C.: P.C.: P.C.: 1. Heard Advocates appearing for the parties. 2. Perused the orders dated 22nd July, 2005 and 2nd September, 2005. In view of the said orders, a case is made out for restoration of the Second Appeal. However, the Second Appeal stands abated as against respondent No.5. 3. Hence, Application is allowed in terms of prayer clause (b). It is clarified that Second Appeal stands abated as against respondent No.5. If the Appeal is otherwise ready for final hearing, the same shall be placed on the final hearing board of 4th February, 2008. : 2 : [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]