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2013 Supreme(Bom) 246

S.S.SHINDE
Musa s/o Bandu Patel, deceased through LRs. – Appellant
Versus
Abdul Raheman s/o Bandu Patel – Respondent


Advocates Appeared:
For the Applicants:P.S. Pawar, holding for S.D. Karkare, Advocates.
For the Respondents:R2, S.S. Kazi, R3, S.D. Hiwreka, Advocates.

Judgment :

Rule. Rule made returnable forthwith.

By consent heard finally.

2. The Civil Application No.15262 of 2011 is filed for recalling/setting aside the order dated 23rd September, 2011 passed by this Court in First Appeal No.458 of 1995. There is another prayer for condonation of delay in filing the application for recalling/setting aside the order dated 23rd September, 2011 passed by this Court in First Appeal No. 458 of 1995. It is the case of the applicants that, father of the present applicant No.1 was the original appellant No.2 in first appeal and the original defendant No.4 in Special Civil Suit No. 198 of 1990, which was filed by the present respondent Nos. 2 to 5.

3. It is the case of the applicants that, they are legal heirs of original appellant No.2 namely Musa Bandu Patel, who died on 10th September, 1996. It is the case of the applicants that, in the year 2009 the applicants came to know that,the first appeal was filed by their father Shaikh Musa and one Abdul Raheman and said appeal was admitted by the High Court on 13th December, 1995 and stay was also granted to the possession in Civil Application No.7384 of 1995 which was filed alongwith the first appeal.



















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