1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR C.A.O. No.578/2009 in Misc. Civil Application St. No.8359/2009 in Second Appeal No.152/1994 (Durgabai Chandak & others ..V/s.. Rampyaribai Agrawal & others ) ---------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. ---------------------------------------------------------------------------------------------------------------------------- Mr. S.P. Palshikar, counsel for the applicants. Coram : F.M.REIS, J.. Dated : 21st January 2010. Heard the learned counsel for the applicants. This is an application for condonation of delay of 45 days in filing the application for restoration. The main ground for delay is that the counsel was engaged in another proceedings before another Court. The respondents though served have failed to file any reply or oppose the said application. In the facts and circumstances of the case 2 and considering the affidavit filed by the appellant, the delay of 45 days in filing the restoration application is allowed. The application stands disposed of accordingly. M.C.A. St. No.8359/2009. By an order passed in Civil Application No.578/2009, the delay in filing the application for restoration has been allowed. In view of the facts and circumstances and considering that the respondents though served have chosen to remain absent Second Appeal No.152/1994 is restored to file. Second Appeal No.152/1994 Place the matter for final hearing on 2nd week of February 2010. Judge. Tambaskar.