FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CIVIL APPLICATION NO.411 OF 2010 IN M.C.A. NO.6063/2010 IN SECOND APPEAL NO.407/2005 GANESH RAMCHANDRA KHARATE & ORS ..VS.. SMT. MANJULABAI @ PISABAI WD/ RAMCHANDRA KHARATE & ORS. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.C.Dharmadhikari, advocate for applicant Smt. Patil, advocate for respondent no.2 CORAM : SMT. VASANTI A. NAIK, J. DATE : APRIL 20, 2010 . Heard Shri Dharmadhikari, learned counsel for the applicant and Smt. Patil, learned counsel for the respondent no.2. None appears on behalf of the other respondents, though served. Learned counsel for the respondent no.2 strongly opposes the prayer made in this civil application on the ground that the respondents have filed execution proceedings as early in the year 2008 and the matter is unnecessarily delayed at the behest of the applicant. On hearing the learned counsel for the applicant and on perusal of the application and the reply filed by the respondent no.2 it appears that it would be necessary in the interest of justice to allow this application, as delay in filing the restoration application is satisfactorily explained. The civil application is allowed and disposed of. JUDGE M.C.S.STAMP NO.6063/2010 Heard the learned counsel for the parties. The Learned counsel for respondent no.2 strongly opposes the prayer made in this civil application. However, for the reasons stated in the civil application and because the party can not be made to suffer for the mistake of his counsel, prayer made in this civil application is granted to the extent of restoration of the second appeal. Matter may be listed for admission on 22.4.2010. JUDGE SMP