1 CRA(ST) 19585 of 2007 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL REVISION APPLICATION (ST) NO. 19585 OF 2007 (Anant S/o Tukaram Choudhari V. The State & ors.) Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S.K.Naikwade, Advocate for the applicant Mr. V.B. Ghatge, AGP for respondent /State PER COURT : 1. Heard. 2. Issue notice to the respondent in Civil Revision Application. 3. Shri V.B. Ghtage, AGP waived notice and by consent the Civil Revision Application is taken for hearing immediately. 4. This Civil Revision Application is moved for setting aside the order dated 26th October, 2004, passed by the 2nd Adhoc Additional District Judge, in Land Reference No. 175 of 1998, dismissing the Reference. The learned Judge of the lower Court dismissed the Reference only because the 1 CRA(ST) 19585 of 2007 applicant was not seen when the matter was called out on the date of hearing. The reason assigned for not attending the case on that day by the respondent is quite convincing. It is said that the applicant’s Advocate had died prior to 26th October, 2004, and so, he could not attend the case. Besides, it is said that even the applicant’s wife was not well and he was attending her. For these two reasons the Reference was not attended and the same was dismissed in default. I am convincing that the applicant makes out a case for restoration of the reference. ORDER 1. Civil Revision Application is allowed. 2. The impugned order dismissing the Reference No. 175 of 1998 is set aside. The Civil Revision Application stands revive. The Reference is now restored to file of the lower Court. The Judge of the Lower Court shall decide the same on its own merits. Dt : 8th Feb.2011 ( A.V.NIRGUDE, J. ) SDM* 1 CRA(ST) 19585 of 2007