Ca 383/11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION C.A.383/2011 IN S.A.167/1989 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Ms.Sangeeta Gujram i/b Mr.D.N.Salvi for petitioner Mr.Nilesh Wable i/b Mr.G.V.Limaye for respondents 1 to 6 CORAM-MRS.MRIDULA BHATKAR,J. DATE - 21st MARCH,2011 P.C. . This application is for condonation of delay of 7 years and 224 days for filing application for restoration of Second Appeal no.167/1989 .Vide conditional order dated 4/3/2002 the appellants were directed to file paper book and decree forms on or before 29/4/2002 . However, the appellants/ applicants failed to comply the said conditional order and therefore the Ca 383/11 2 appeal was dismissed without reference to the Court. The appellants/applicants are agriculturists and the residents of rural area. They had engaged Adv. Mr. Badkar. However, Mr. Badkar unfortunately died in September,2008 and the appellants/applicants came to know about his death in August,2009. The appellants after filing the second appeal totally dependent on their lawyer Mr.Badkar. So they could not file the application for restoration within time and the delay of 7 years and 224 days occurred. 2 Undoubtedly though the delay is of such a long period which would not be otherwise condoned , but the Second Appeal is filed by the appellants with due diligence in 1989 and it was dismissed for non compliance . Subsequently the advocate representing the applicants has died. Learned Ca 383/11 3 counsel appearing for the respondents though requested the Court to note down his objection , he has submitted to the orders of the Court. Therefore, I am of the view that the appellants have made out sufficient cause to condone the delay . 3 The application is allowed in terms of prayer clause (i). Appeal to appear in due course. (MRS.MRIDULA BHATKAR,J.)