1 1 1 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.1615 OF 2005 CIVIL APPLICATION NO.1615 OF 2005 CIVIL APPLICATION NO.1615 OF 2005 IN IN IN FIRST APPEAL NO.302 OF 1989 FIRST APPEAL NO.302 OF 1989 FIRST APPEAL NO.302 OF 1989 Mrs.Anamma, : Appellant. versus Babubhai Atmaram Panchal & ors. : Respondents. Mr.M.P.Tiwari for the appellant. CORAM : D.G.DESHPANDE,J. CORAM : D.G.DESHPANDE,J. CORAM : D.G.DESHPANDE,J. DATED : 24th October 2005. DATED : 24th October 2005. DATED : 24th October 2005. ORAL ORDER ORAL ORDER ORAL ORDER 1. Heard advocate for the appellant. This is an application for restoration of the appeal which was dismissed in default on 17.12.2004. Respondent No.2 is the contesting respondent. Appeal was initially admitted. It came to be dismissed as stated above. Counsel for the 2 2 2 appellant Mr.Tiwari has filed his own affidavit stating that advocate Mr.N.H.Shukla has refused to accept this application for and on behalf of respondent No.2. In view of this, the application is allowed. Appeal is restored to file. Advocate for the appellant states that the paper book is ready. Appeal is expedited. Appellant to serve the paper book on other side - the contesting respondent No.2. Matter will be taken up for final hearing on 25.11.2005 in the afternoon at 3.00 p.m. Advocate Mr.Tiwari to intimate this order to the other side in writing. [D.G.DESHPANDE,J] [D.G.DESHPANDE,J] [D.G.DESHPANDE,J]