1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD C.A. NO. 3902/2010 IN S.A. NO. 474/1991 _______________________________________________________________ Office Notes, Office } Memoranda of Coram, } Court's or Judge's orders appearances, Court's } orders or directions } and Registrar's orders } ___________________________}___________________________________ Mr. M.G. Kolse Patil, Advocate for applicant. Mr.V.P. Raje, h/f Mr. C.R. Deshpande, Advocate for respondent sole. [CORAM : K.U. CHANDIWAL, J ] Date : 25th March, 2010. PER COURT : 1 Heard Mr. Solse Patil for the appellant and Mr. Raje h/f Mr. C.R. Deshpande. 2 Owing to the absence of counsel, second appeal was dismissed on 08/03/2010. The learned counsel submits that due to heavy board of admission, the date of publication was not shown on the notice board for ready matters. He was under wrong 2 impression that final hearing of second appeal board would be discharged, consequently he remained absent on 08/03/2010. According to him, the absence is not deliberate. Counsel had personal difficulties, had to rush to medical practitioner which resulted in his absence on 08/03/2010. 3 Though record indicates, on earlier dates also counsel did not remain present however, since learned counsel assures to proceed with the matter scrupulously and reason for absence was beyond his control, the application is allowed. Second appeal is restored to original position. No separate notice to the sole respondent as he is already represented by Mr. C.R. Deshpande. 4 S.O. to 9th April, 2010 for final hearing of second appeal no. 474/1991. [K.U. CHANDIWAL, J.] tsk/ca3902.10