IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 72 OF 2010 IN FAMILY COURT APPEAL NO. 16 OF 2010 Nandkumar Mohan Sagre ......Applicant V/S. Nandini Kumar Sagre .......Respondent ------- Mr. S.B. Khandelwal, adv.for the applicant. Mr. Vishranti S. Rankhambe, adv.for respondent. CORAM : A.P. DESHPANDE, & : SMT. R.P. SONDURBALDOTA, JJ. DATED : 29 th MARCH, 2010. P.C. : 1. By the present application, the applicant is seeking restoration of the Family Court Appeal which was dismissed on 11th February, 2010 for non- prosecution on account of absence of the counsel. 2. The present Civil Application was filed under the signature of the advocate for the appellant-petitioner and today similar application has been filed supported by an affidavit of the client as well. 3. Perusal of the application reveals that when the matter was fixed on 11th February, 2010 the advocate for the applicant could not remain present. The reason assigned is that the grand-mother of the advocate was hospitalised on 11th February, 2010 and she expired on 12th February, 2010. On account of hospitalisation and subsequent death of the grand-mother, the advocate could not attend the matter. 4. We are satisfied about sufficiency of the cause for non-appearance of the counsel for the applicant and hence the order dated 11th February, 2010 dismissing the appeal for non-prosecution is set aside. Family Court Appeal No. 16 of 2010 is restored to file. Office is directed to register the Civil Application tendered in the court. 5. Civil Application stands disposed off accordingly. (A.P. DESHPANDE, J) (SMT. R.P. SONDURBALDOTA, J)