1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.857 OF 2008 IN SECOND APPEAL NO.59 OF 2007 Prakash R. Malbari .. Applicant V/s. Mrs.Pramodini Prakash Malbari .. Respondent Mr.Y.S.Bhat for the Appellant/Applicant. None for the Respondent. CORAM : R.M.SAVANT, J. DATED : 18TH SEPTEMBER, 2008. P.C. By the above Civil Application, the Applicant prays for restoration of the above Second Appeal which has been dismissed for default on 10th July, 2007 on account of the non-appearance of the Advocate for the Applicant on the said day. The 2 reasons for the non-appearance of the Advocate on the said day are mentioned in the Civil Application. There is a delay of five days in filing the above Application. The reasons for it are mentioned in the Civil Application. Hence for the reasons stated in the Civil Application, the same are allowed in terms of payer clause 'a'. 2. The Civil Application is, accordingly, disposed of. 3. Resultantly the Second Appeal No.59 of 2007 is restored to file. 4. List the Second Appeal for admission in the week commencing 20th October, 2008. [R.M.SAVANT, J.] 3