1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3704 OF 2008 IN APPEAL NO.249 OF 2002 IN CHAMBER SUMMONS NO.1257 OF 2000 IN EXECUATION APPLICATION NO.58 OF 1992 IN SUIT NO.144 OF 1975 Devilal Amarchand Jain and Ors. .... Appellants V/s. Mahalinga V. Shirguppi ..... Respondent Mr.M.P.Mishra, for the appellant. Mr.Shailesh Shah i/by Zaidy & Co., for the respondent. CORAM :P.B.MAJMUDAR, & R.V.MORE, JJ. DATE : DECEMBER 18, 2009 P.C. 1. Heard the learned Counsel for the parties. 2. Considering the facts and circumstances of the case, delay in filing notice of motion is condoned and the appeal is restored to the file. The Notice of motion is made absolute in terms of prayer clause (a) and (b). The notice of motion is disposed of. 3. Appeal to be circulated for admission on 19-12-2009. ( R.V.MORE, J. ) ( P.B.MAJMUDAR, J.)