1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.3553 OF 2008 APPLICATION NO.3553 OF 2008 APPLICATION NO.3553 OF 2008 IN IN IN CIVIL CIVIL CIVIL APPLICATION NO.4119 OF 2006 APPLICATION NO.4119 OF 2006 APPLICATION NO.4119 OF 2006 IN IN IN FIRST FIRST FIRST APPEAL NO.432 OF 2007 APPEAL NO.432 OF 2007 APPEAL NO.432 OF 2007 Shah Mohammed Choudhary : Petitioner versus Khadim Ali Salimudin Khan & ors. : Respondents. Mr.Diwakar Dwivedi for the petitioner Mr.K.K.Kurup for Respondent Nos.1 to 3. Ms.Dipti Shah i/by M/s.Mehta & Co. for Respondent No.4 CORAM CORAM CORAM : R.M.SAVANT, J. : R.M.SAVANT, J. : R.M.SAVANT, J. DATED DATED DATED : JULY 07, 2008. : JULY 07, 2008. : JULY 07, 2008. P.C. P.C. P.C. 1. By the above civil application, the applicant prays for setting aside the order dated 3rd June 2008 passed in Civil Application No.4119 of 2006 by which 2 order it has been directed that the said civil application should not be placed for hearing in future at least for six months as none appeared on behalf of the applicant on the said date. The learned advocate for the petitioner has drawn my attention to the Daily Board of the said date wherein against the number of the civil application the name of some different advocate is appearing. The learned counsel for the petitioner, therefore, submits that in view of the mistake in the Daily Board, the applicant was not represented on the said date. The learned counsel appearing for Respondent No.4 has no objection for setting aside the order dated 3rd June 2008 and for restoration of the Civil Application No.4119 of 2006 to file for hearing. Hence, the order dated 3rd June 2008 is set aside. Resultantly, Civil Application No.4119 of 2006 to be placed for hearing on 18th July 2008. Civil Application No.3553 of 2008 is accordingly disposed of. [R.M.SAVANT, [R.M.SAVANT, [R.M.SAVANT, J] J] J]