1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 169 OF 2009 IN FIRST APPEAL NO. 2260 OF 2007 Pradeep Ramdas Joshi ........Applicant/appellant versus Vimal Ramdas Joshi & anr........ Respondents. Mr. Neville D. Deboo adv. for the Applicant None for the respondents CORAM: A. P. DESHPANDE, J. DATED : 16th JANUARY, 2009. P.C.: 1. Despite service none appears for the respondent. The learned counsel for the applicant submits that three applications filed in the First Appeal were listed before the court on 19-12-2008 but the same came to be dismissed for non prosecution on account of absence of the counsel. It is stated in para 5 of the application, that the advocate for the applicant was not well and hence could not remain present. It is further stated that the applicant no.1-A was present in person but could not make any prayer before the court. For the reasons stated in the application, the application deserves to be allowed. In the result setting aside the order dated 19-12-2008 dismissing C.A.Nos. 6107/08, 6108/08 and 6109/08, the applications are restored to file. C.A. No. 169/09 is disposed of. (A. P. DESHPANDE, J.)