1 c.a.524.09 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 524 OF 2009 IN SECOND APPEAL NO. 175 OF 1988 [ Jamaluddin S/o Mohd. Yusuf Vs. Mohd Noor S/o Mohd Yusuf and others] Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Shri.S.S.Sayed,Advocate holding for Shir.S.S.Kazi,Advocate for Applicant Shri.P.F.Patni,Advocate for Resp.No.1 Shri.Amol Gandhi,Advocate for Resp.No.2 Shri.S.S.Chillarge,Advocate holding for Shri.S.G.Sakolkar,Advocate for respondent .... CORAM: SHRIHARI P.DAVARE, J. DATE : 28th JANUARY,2011. PER COURT : 1. Heard learned counsel for the parties. 2. This application is preferred by the applicant - appellant for setting aside the order dated 10th September, 2008 passed by this Court dismissing Second Appeal No.175 of 1988 and connected Civil Applications therein and also requested to restore the said appeal to its 2 c.a.524.09 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders original position. 3. For the reasons stated in the application, it appears that due to personal difficulty of the learned Advocate, Second Appeal came to be dismissed in default, though it was part hard. The applicant-appellant has given sufficient ground and also satisfactorily explained the same, hence application deserves to be allowed. 4. In the result, present application is allowed in terms of prayer clause [B] of the application and order dated 10th September, 2008 dismissing the Second Appeal No. 175 of 1988 and connected Civil Application is recalled and the Second Appeal with connected Civil Applications stand restored to its original position. 5. Present Civil Application stands disposed of accordingly. Sd/- [SHRIHARI P.DAVARE, J.] MTK 3 c.a.524.09 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders