1 jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 999 OF 2009 IN APPEAL NO. 358 OF 2005 IN SUIT NO. 704 OF 1984 Kurban Hussein Tayaballi & Co. and Ors. ..Applicants Vs. Bai Asmabai Moiz Matcheswala and Ors. ..Respondents .... Mr.A.N.Maniyar for Applicants Mr.A.S.Chandurwala i/b Desai and Diwanji for Respondents .... CORAM : B.H.MARLAPALLE AND SMT.V.K.TAHILRAMANI, JJ. DATE :5th MARCH, 2010 P.C.: 1 Appeal No. 358 of 2005 was dismissed in default on 26th February, 2009 and therefore, this Motion is for its restoration. 2 It is admitted across the bar by the learned counsel for both the parties that in suit No. 704 of 1984 final decree came to be passed after February, 2009 and as per the learned counsel for the 2 Respondents, they have acted upon the said decree. 3 Be that as it may, if the applicants are aggrieved by the final decree, they may seek the remedy of filing a fresh Appeal and therefore, we do not find any reason to entertain this Motion. 4 Motion is rejected. [ SMT.V.K.TAHILRAMANI, J.] [ B.H.MARLAPALLE, J. ]