mca402.10.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR MISC. CIVIL APPLICATION NO. 402/2010 in C.A. NO. 51/2009 IN C.R.A. St. No. 12776/2009 (Noorjahan Abdul Khalid Qureshi and ors ..versus.. Jaibunnisa Mustak Ahamad). Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Mrs. A.P.Shinde, Advocate for the Applicant Mr. S.P.Hedaoo, Advocate , for Respondent Coram: R. K. Deshpande, J. Date : 19 th April, 2010 This is an application for restoration of Civil Application No. 51/2009. This C.A. NO. 51/2009 was dismissed for want of prosecution on 2.3.2010. Hence, this application has been filed. It is stated in the application that the counsel for the applicant was before the another Bench at the time when the matter was called out and hence she could not attend the same. Reply has been filed to this Civil Application by the respondent stating that on earlier point of time i.e. on 20.1.2010, C.A. No. 51/2010 was dismissed and this is on the second occasion that the C.A. No. 51/2010 has been dismissed. It is the stand taken in the reply that the applicants are in the habit of allowing the matter to be dismissed in default by remaining absent and to make the application for restoration with a view to harass the non- applicant unnecessarily. mca402.10.odt 2 This court is considering the reason for dismissal of the matter in default on 2.3.2010. The reasons stated in Para 2 of the civil application that the counsel was attending the matter before another bench has been disputed and it is stated that she should have made some arrangement or she should have approached the Court on the very same day for restoration of the matter. There is no delay in filing the application for restoration of the matter. The application has been filed on the next day i.e. on 3.3.2010. The earlier dismissal on 2.1.2010 has nothing to do with the dismissal on 2.3.2010. The matter was for condonation of delay in filing the C.R.A. st. NO. 12776/2009. For the reasons stated in the application, I am satisfied that cause is made out for restoration of the application. Hence the order dated 2.3.2010 dismissing the C.A. No. 51/2009 is quashed and set aside. The matter is restored. No order as to costs. JUDGE Rvjalit