-1- GPN-J-2459-ARHCBN-3-04-1,00,000-ALA4* [Spl.-H.C.,A.S.,C.D.79e. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. C.A..NO. 9470/2007 WITH M.C.A.ST.NO. 19007/2007 Laxmibai Kriplani .vrs. Gangadhar Ingale ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram appearances, Court's orders or Directions Court's or Judge's Orders. And Registrar's Orders. ----------------------------------------------------------------------------------------------------------------------------------- CORAM : B.P.DHARMADHIKARI, J. DATED : MARCH 21, 2009. Heard Shri A.J. Thakkar, learned counsel for applicants and Shri S.N.Dhanagare learned Counsel for respondent no.2. Learned counsel for applicant seeks permission to delete name of respondent no.3. Respondent no.3 is accordingly deleted. Prayer is to condone delay of 897 days in filing application for restoration in First Appeal No.833/1991, which came to be dismissed on 6.5.2005 for not filing paper book. On affidavit it is mentioned that Advocate then representing the appellants did not remain present when the order was passed by this court and in absence of knowledge thereof, the order could not be complied with and hence appeal came to be dismissed. -2- On 10.03.2005 direction was issued by this court to file paper book, and as the paper book was not filed within a period of 8 weeks, on 6.5.2005 the Court dismissed the appeal. Advocate Shri Dhanagare, for respondent no.2 is strongly opposing the prayer for condonation of delay and for restoration. He states that the mater is of negligence. In the circumstances, I do not find any malafides in the matter. With the result, delay is condoned. Office to register the M.C.A. and upon registration, order dt. 6.5.2005 dismissing the appeal shall stand recalled and First Appeal No. 833/1991 shall stand restored against respondent nos.1 and 2. Appellant to file Paper books by 6.4.2009. C.A. and M.C.A. is accordingly allowed. JUDGE Rgd.