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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 : 26^th March, 2010

P.C. :

1.

This Civil Application is taken out for recalling the order dated

28^th 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,

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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 correc