1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 344 OF 2009 IN FIRST APPEAL NO. 738 OF 1997 Eknath Babasaheb Tapkir & anr.........Applicants versus Lt. Col.Manider Singh Brar & ors........ Respondents. Mr. Amit B. Borkar adv. for the Applicants Mr. R.A. Karale Adv. for Respondents 1 and 2. Mr. V.V. Purwant adv. for the respondents 3 to 6. CORAM: A. P. DESHPANDE, J. DATED : 11th FEBRUARY, 2009. P.C.: 1. By the present application two fold prayers are made, one for condonation of 70 days delay in filing the application for restoration of the appeal and two, for restoration. The appeal has been dismissed on account of the absence of the counsel when the matter was called out. The application explaines the reason for absence of the counsel. The learned counsel for the respondent prays for grant of costs. In the result, delay is condoned. Order dated 6-10-08 is set aside. The appeal is restored to file, however subject to payment of costs of Rs.1000/- by the appellant to the respondent nos. 1 and 2, within two weeks from today. Application is disposed of. 2 (A. P. DESHPANDE, J.)