1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4104 OF 2009 IN FIRST APPEAL NO.951 OF 1991 Jama Masjid Trust thru its ’ ...... Applicants its trustees Ibrahim Patel & Ors. Vs. State & Ors. ...... Respondents Mr. D.S. Sawant, Advocate for Applicants. Mr. A.R. Patil, AGP for State CORAM : Smt. R.P. SondurBaldota, J. Date : 26th March, 2010 P.C. : 1. This Civil Application is taken out for recalling the order dated 28th November 2006 and for restoration of the First Appeal No.951 of 1991 after condoning delay in filing the application. The learned AGP submits that the Civil Application as filed is not maintenable. 2. The order which is sought to be recalled records death of appellants no. 2 and 3 and takes note that no steps were taken by appellant no.1 or his Advocate to bring the heirs and legal representatives of appellants no.2 and 3 on record. The order also states that looking to the nature of the order impugned in the appeal, 2 the appeal abates in its entirety. The appeal therefore was dismissed as such. 3. Mr.Sawant, the learned counsel for the applicants submits that the order is not correct in recording that appellant no.1 was required to bring the heirs and legal representatives of deceased appellants nos. 2 and 3 on record. He points out that the appeal was by a trust filed through its trustees. Appellants no. 2 and 3 being the trustees, there was no question of bringing their heirs on record. The appellant no.1 was required to bring on record the trustees appointed in place of appellants no. 2 and 3. If according to the applicant, there is error in the order apparent on record, the needs to take recourse to the appropriate remedy of filing an application for review. The applicants could also have challenged the order in the higher court. However, civil application for recalling of such an order is not maintenable. In that circumstance, the Civil Application is dismissed. 3. In view of dismissal of the Civil Application NO.4104 of 2009, the Civil Application NO.4105 of 2009 does not survive, the same is accordingly dismissed. (Smt. R.P. SondurBaldota,J.)