1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.9315 OF 2009 IN SECOND APPEAL NO. 502 OF 1994 Fasiyuddin Haji Niyazuddin .. petitioners Versus Ramkrushna Dagdu Patil .. Respondent. Mr. P.R. Katneshwarkar, Advocate for the appellant. CORAM : K.U. CHANDIWAL J. DATE : 9th April, 2010 ORAL ORDER :- 1] Heard Mr. Katneshwarkar. Appellant allegedly a blind person, said to be dependent on his relations for attending or prosecuting the second appeal, lost the dependant in 2005. The appeal came to be dismissed on 1st February, 2008. Counsel having brought brief from earlier counsel communicated proposed listing to the appellant. Appellant informed that sole respondent expired and in such exercise, ultimately it revealed that the matter itself is dismissed. 2 2] Though there is apparent lapse on the part of the appellant, however, the physical infirmity stated in the application has made him incapacitated to prosecute and consequently, faced dismissal. 3] The order of dismissal recalled, matter is restored to original position. Appellant to pay cost of Rs.1000/- to the respondent. 4] Notice to newly added respondent in the appeal. . S.O. 8th June, 2010. [K.U. CHANDIWALJ.] Grt/-