IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPLICATION NO. 1638 OF 2007 IN WRIT PETITION NO. 2531 OF 200 WRIT PETITION NO. 2531 OF 200 WRIT PETITION NO. 2531 OF 2005 Smt. Harkubai Sukrya Andhrx & ors.... Petitioner versus German Frank Nikolav & ors...... Respondent. Mr. R.D.Suryawanshi for the petitioner Mr. Kunal Cheema i/b Yadunath Chaudhary for Respondent nos. 1 to 5. Mr. R.C.Kaushik for respondent no.6. Ms. V.S.Mhaispurkar AGP for espondent no.7. CORAM; A.P. DESHPANDE, J. CORAM; A.P. DESHPANDE, J. CORAM; A.P. DESHPANDE, J. DATED; 03RD DATED; 03RD DATED; 03RD SEPTEMBER, 2007 SEPTEMBER, 2007 SEPTEMBER, 2007 P.C.; P.C.; P.C.; 1. Shri. Kunal Cheema appears for respondent nos. 1 to 5. Shri R.C.Kaushik appears for resopondent no.6. The AGP appears for respondent no.7. 2. By the present Civil Application the petitioner/applicant is seeking condonation of delay in filing application for restoration of the writ petition, which came to be dismissed on 18-9-2006 on account of absence of the counsel. There is a delay of about 133 days in filing the application for restoration. It is stated in the application that concerned advocate, because of oversight, did not notice the case in the cause list and hence no one apprared in the matter, when called out. The petition came to be dismissed on account of the absence of the counsel when the matter was called out. It is brought to my notice that rule was granted on 19-6-2007 and the same was made returnable within two months. It is in this background, that the matter was listed for final hearing and on account of absence of the counsel, case was dismissed. For the reasons set out in the application, the order of dismissal of petition for non prosecution is set aside. The delay is condoned and the petition is restored to file. C.A. accordingly disposed of. ....