FARAD CONTINUATION SHEET NO.: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPLICATION NO.150 OF 2008 IN FIRST COURT APPEAL NO.32 OF 2002 ------------------------------------:---------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : ------------------------------------:----------------------------------- Mr Amol A Deshpande, for the applicant. Mrs Usha Purohit, for the respondent. CORAM: B.H.MARLAPALLE & D.B.BHOSALE, J. DATED: 22/07/2008 P.C.: Heard. By this application, the applicant-wife prays for setting aside an order dated 9.6.2005, by which Family Court Appeal No.32 of 2002 came to be dismissed for default and consequently she prays for restoration of the said appeal. As per the office note, the application has been filed belatedly and the delay caused was of two years and six months. No separate application for delay condonation was filed but while praying for condoning the delay, the reasons for the same have been furnished. It appears that the order dated 9.6.2005 came to her knowledge on account of a public notice furnished in Sakal newspaper on 15.5.2007 (Pune Edition) and she had sent a legal notice to the same on 19.5.2007. She had received advocate’s reply to the said notice on or about 13.6.2007 but she was not informed that the appeal was dismissed. In the month of January, 2008 when she approached the builder and developer she was informed that her appeal had been dismissed by this Court and, therefore, she applied for a certified copy of the said order on 1.2.2008. It appears that the learned counsel for the wife did not remain present before this Court on 9.6.2005 and, therefore, F.C.A. No.32 of 2002 came to be dismissed for default. We are, therefore, satisfied that the delay caused in applying for restoration of the appeal deserves to be condoned and consequently the appeal requires restoration. Hence, the application is allowed in terms of prayer clauses (a) and (b). Call for R & P in Petition No.A-154/94 decided by the Family Court at Pune so as to reach the registry of this Court within three weeks. List the appeal for final hearing in the week commencing from 25.8.2008. (D.B.BHOSALE,J.) (B.H.MARLAPALLE,J.)