1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4660 OF 2009 Ranu Kondaji Bhagade .. Petitioner versus Savliram Namdeo Bhagade .. Respondent Mr.Prashant D. Patil for the petitioner. Mr.R.D.Motkari for the respondent. CORAM : A.S.OKA, J. DATE : 2nd September 2009. P.C.: . Heard learned counsel appearing for the petitioner and the learned counsel appearing for the respondent. Notice for final disposal at admission stage has been already issued. The appeal preferred by the petitioner was dismissed for default on 1st April 2009. An application was made by the petitioner on the very day for restoration of the appeal. Another application was made on the very day by the petitioner for adjournment on the ground that his advocate had proceeded out of station on account of personal work. On the very day the application for restoration was dismissed by the District Court. 2. After having heard the learned counsel appearing for the parties, I find that the District Court has taken a very harsh view of the matter. When 2 application for restoration was made on the very day, in normal course, the said application ought to have been allowed. However, District Court has taken a very hyper-technical and harsh view. Hence, the petition must succeed. 3. The impugned order is quashed and set aside and Civil Appeal No.119 of 2007 is restored to the file of the District Court. 4. The appeal shall be disposed of expeditiously. (A.S.OKA,J)