1 ca7238.09 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.7238 OF 2009 IN SECOND APPEAL NO.325 OF 2008 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram : Shrihari P.Davare, J. Date : 04.03.2011. 1. Heard Shri J.N. Murkute, Advocate, for the applicants. 2. Issue notice to Respondent. Shri R.V. Gore, learned Advocate, waives notice for the respondent. 3. This is an application preferred by the applicants- appellants, for restoration of the second appeal No.325 of 2008, by recalling the order dated 24.6.2009, dismissing the said appeal in default. 4. It appears that the above second appeal was fixed for admission on 24.6.2009. However, it was dismissed in default, on the said day, due to absence of learned counsel for the appellants. It also appears that, the 2 ca7238.09 applicants-appellants have preferred present application for restoration, immediately on next day i.e. 25.6.2009 and, therefore, the same is within the period of limitation. 5. From the contents of the application, it appears that the applicants have pleaded and proved the sufficient ground for their Advocate's absence before the court on 24.6.2009, satisfactorily and, therefore, present application deserves to be allowed in the interest of justice. 6. In the result, present application is allowed in terms of prayer clause (B) thereof and the order of dismissal of second appeal No.325 of 2008 stands recalled, and the said appeal is restored to its original position. 7. Civil Application stands disposed of, accordingly. pnd/ca7238.09 (SHRIHARI P. DAVARE, J.)