: 1 : 5102-11-caf=.sxw UJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 5102 OF 2011 IN FIRST APPEAL NO. 530 OF 1977 Dawoodbhoy Fazalbhoy (Muslim) Education Trust .. Applicants v/s. Kondiba Vithoba Borade & Ors. .. Respondents ......... Mr. Chirag Balsara i/b Mr. Udayan S. Jain for the applicants None for respondents ......... CORAM : A.V. NIRGUDE, J DATE : 12th DECEMBER,2011. P.C. : 1. The respondents are served but are absent. This application seeks restoration of the appeal which was dismissed for default on 7 th March, 1998. This application for restoration was moved in 2011. The appellants have explained as to why the appeal was dismissed for default in 1998 and why they applied for restoration rather belated in 2011. The appeal arose from a decree dismissing the appellant’s suit for restoration of the : 2 : 5102-11-caf=.sxw possession against an alleged trespassers (respondents). The suit was dismissed on 28 th February, 1977 and soon thereafter this appeal was filed on 15 th July, 1977. Appeal was pending. During the pendency of the appeal, the property involved in the suit as well as a larger piece of land was proposed to be sold. The process of sale continued for quite some time and the purchasers apparently took application to continue the suit and the appeal against the trespassers. But they did not take care of the appeal and due to which in 1998, the appeal was dismissed. There arose dispute between the appellants and the purchasers in the matter of Agreement for Sale of property and ultimately on 10 th July, 2009, the appellants succeeded in getting the proposed Sale set aside. 2. I am told that purchasers so far have not made any move to challenge the said Judgment and Order. The suit property as well as the larger piece of land thus remained with the appellants. The appellants are the public trust running Educational activities. When they realized that their appeal was dismissed and they ought to take care of the appeal, they moved the present application. 3. In view of the circumstances mentioned above, I am inclined to : 3 : 5102-11-caf=.sxw allow the application. Application stands disposed of. Issue fresh notice to respondents. The appeal stands restored. Since the appeal is very old it shall be heard expeditiously. (A.V. NIRGUDE, J.)