1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 28 OF 2009 IN SECOND APPEAL NO. 578 OF 2007 Shamrao Bala Yewale........Applicant versus Ganpat Ramchandra Mandhare & ors........ Respondents. Mr. A.V. Borwankar i/b Nitin Deshpande adv. for the Applicant None for the respondents CORAM: A. P. DESHPANDE, J. DATED : 12th JANUARY, 2009. P.C.: 1. Heard the learned counsel for the appellant. The counsel for the respsondent is absent. By the present application a prayer is made to set aside the order dated 3-12- 2008 whereby the C.A. No.1802/08 was dismissed for non prosecution on account of absence of the counsel for the applicant before the court when the matter was called out. The reason for the inability of advocate to appear before the court on 3-12-2008 is set out in para 2 of the application and the same is to the effect that the leared advocate was held up before a Division Bench in W.P.no. 6334/08 which was at serial no. 15. The explanation for absence is a sufficient cause, set out by the applicant for setting aside the inpuged order. In the result order 2 dated 3-12-2008 is set aside. C.A. No.1802/08 is restored to file. Application is disposed of. (A. P. DESHPANDE, J.)