1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 257 OF 2006 IN FIRST APPEAL NO.827 OF 1997 Smt.Dhaneshwaridevi N. Prasad : Appellant versus Smt.Shakuntala Krishna Prasad & Anr. : Respondents. And Ombabu Nanku Prasad & Anr. : Applicants. Shri. O.R. Tiwari for the Applicants Shri.Sachin Kadam h/f S.A. Sawant for Respondent No.1. Shri S.A. Bhagwat for Respondent Nos.2A, 2B and 3. CORAM : R.M.SAVANT, J. DATED : September 19, 2008 P.C. 1. By the above Civil Application, the Applicants pray for restoration of the First Appeal which has been dismissed for non- prosecution on account of the conditional order dated 16/10/2004 passed by the learned Single Judge of this Court by which the order 2 the learned advocate for the Appellant was directed to remove the office objection within a stipulate time. It is the case of the Applicants in the Civil Application that the said conditional order was not known to the Applicants until the Civil Applications for bringing the legal heirs of the Appellant and Respondent Nos.2 were listed before the Registrar for hearing as regards removal of office objection. 2. In view of the fact that the learned Registrar passed an order that the said Civil Applications filed for bringing the legal heirs were not maintainable in view of the dismissal of the Appeal, the Applicants came to know of the said conditional order. 3. Shri.Sachin Kadam h/f Shri S.A. Sawant for Respondent No.1 and Shri S.A. Bhagwat for the Respondent Nos.2A, 2B and 3 oppose the above Civil Application and contend that there is inordinate delay in filing the Application. 4. Considering the well settled dictum that a party should not be thrown out on technical grounds from pursuing it remedy on merits 3 and considering the fact that the above First Appeal was pending hearing and final disposal, in my view, case for restoration is made out. The above Civil Application is allowed in terms the prayer clause (a). The learned advocate for the Applicants to remove objections as regards “Claims for court fees and jurisdiction are not properly stated” within a period of two weeks from date. The Civil Application is accordingly disposed of. List the Civil Application Nos.3846 and Civil Application No.3002 of 2006 on 26th September 2008 [R.M.SAVANT, J]