: 1 : Dixit 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.2617 OF 2007 CIVIL APPLICATION NO.2617 OF 2007 CIVIL APPLICATION NO.2617 OF 2007 IN IN IN FIRST APPEAL NO.47 OF 1992 FIRST APPEAL NO.47 OF 1992 FIRST APPEAL NO.47 OF 1992 Mohammed Yusuf Shaikh, Deceased, . Thru’ Shafia Mohammed Yusuf . Dhakhave & Ors. ...Applicants V/s. Mohammed Ali Mohammed Hussain . Ramrajkar, Deceased, . Thru’ Badrunnissa Mohammed Ali . Ramrajkar, Deceased, . Thru’ Mohd. Iqbal Mohd Ali . Ramrajkar and Ors. ...Respondents Respondents Mr.R.P. Walvekar, Advocate, h/f. D.S. Sawant, for the Applicants. Mr.S.M. Gorwadkar and Mr.R.L. Patil, Advocates, for the Respondents. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 23RD NOVEMBER, 2007. DATE : 23RD NOVEMBER, 2007. DATE : 23RD NOVEMBER, 2007. P.C.: P.C.: P.C.: 1. Heard the learned Advocate appearing for the applicants. Office noting shows that a copy of this Civil Application has been served to the Advocate appearing for the respondents. No reply has been filed. 2. In view of averments made in the Civil Application, sufficient cause is made out for : 2 : condonation of delay and for setting aside abatement. Accordingly, the Civil Application is allowed in terms of prayer clauses (b) to (d). Amendment to be carried out within six weeks. [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]