1 HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION. CIVIL APPLICATION NO.1091/2009 IN FIRST APPEAL NO.2285/2008 The Chairman, Vishram Co-operative Housing Society Ltd. and another. ..Applicants -VERSUS- Mrs.Clemantina Applonine D'mello and others. ..Respondents ......... Mr.J.D.Khairnar, Advocate i/b Ms.Gulshan Johar, Advocate for the applicants. Mr.Samir M. Suryawanshi, Advocate i/b Mr.A.B.Avhad, Advocate for the respondents. .......... CORAM : A.P.DESHPANDE, J. DATED : 02nd MARCH, 2009. P.C. : 1. By the present application, two fold prayers are made one for condonation of delay in filing the present application and (2) for restoration of the appeal which has been dismissed on account of absence of the counsel when the matter was called for on 16.12.2008. It is stated that the learned counsel for the appellants was engaged 2 before the Division Bench and hence, could not remain present when the matter was called out. 2. For the reasons stated in the application, the delay is condoned. The appeal is restored to file. The application allowed and disposed of. JUDGE