1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4401 OF 2009 IN FIRST APPEAL NO.1234 OF 2009 IN SHORT CAUSE SUIT NO.1809 OF 1985 Nissar Ahammad Usmani )..Applicant Vs. Mohammad Yasin Usmani )..Respondent ---- Mr. Satish Mishra i/by A.M.Saraogi for the applicant. Mr.S.S. Jain for the respondent no.1. ---- Coram : R.S.MOHITE,J Date : 8th March, 2010 PC 1 This is a Civil Application for restoration of the First Appeal. It is seen that the First Appeal was dismissed on 15.9.2009. This application has however been made immediately on 18.9.2009. The record also indicates that though the Advocate for the applicant was absent when the matter was called out in the morning session and again in the evening sessions, prior to that Advocate for the applicant had remained present. In the circumstances, I am inclined to allow this application subject to payment of cost. Application is therefore, allowed subject to payment of cost of Rs.1500/-. Place the appeal for admission on 29.3.2010. Cost to be paid to the Advocate for the respondents on or before the next date. Civil Application stands disposed off. (R.S.MOHITE,J) 2 3