rpa 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.23 OF 2009 CIVIL APPLICATION NO.23 OF 2009 CIVIL APPLICATION NO.23 OF 2009 IN IN IN CIVIL APLICATION NO.4703 OF 2003 CIVIL APLICATION NO.4703 OF 2003 CIVIL APLICATION NO.4703 OF 2003 IN IN IN FIRST APPEAL NO. 1724 OF 2003 FIRST APPEAL NO. 1724 OF 2003 FIRST APPEAL NO. 1724 OF 2003 Saukat Hussainbhai Fakirbhai Khalifa & Anr. .. Applicants. Vs. Gulam Basir Suleman Khalifa & Ors. .. Respondents Mr.Uday Warunjikar for the Applicants. Mr.R.M.Hardas i/b.P.N.Joshi for Respondent Nos.1 & 2. CORAM : A.P.DESHPANDE, J. CORAM : A.P.DESHPANDE, J. CORAM : A.P.DESHPANDE, J. DATED : 15TH JANUARY, 2009 DATED : 15TH JANUARY, 2009 DATED : 15TH JANUARY, 2009 P.C. P.C. P.C. . That the present application is filed for setting aside the order dated 16th February, 2008. By the said order, the Civil Application came to be dismissed in default for non prosecution. For the reasons stated in the application, the present application is allowed. The impugned order is quashed and set aside. The Civil Application No.4703 of 2003 is restored to file. 2. The Civil Application is, accordingly disposed of. (A.P.DESHPANDE, J.) (A.P.DESHPANDE, J.) (A.P.DESHPANDE, J.)