1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.986 OF 2009 IN SECOND APPEAL NO.757 OF 2001 Muslim Kabrastan Committee Borivali Through its chairman Shri.A.Hamid Nachan .. Applicant V/s Grampanchayat Padgha .. Respondent Mr.R.D.Suryavanshi for the Applicant. Mr.Amol P. Mhatre for the Respondent. CORAM : R.G.KETKAR J. DATE : 30th April, 2010 P.C. : 1. This is an application for restoring the Second Appeal No.757 of 2001 which was dismissed in default on May 6, 2008 and for condonation of 198 days delay caused in filing this Civil Application. 2. In the application it is averred that the Second Appeal No.757/2001 was listed for admission on May 6, 2008 which was the last working day before the commencement of the Summer Vacation. On that day, the Advocate for the applicant missed the matter and thereafter lost sight of the matter. It is only when he was contacted by the chairman of the applicant viz.A.Hamid Nachan, and after making enquiries, he came to know that the Second Appeal was dismissed in default on May 6, 2008. Immediately thereafter the present Civil Application was taken out and there is about 198 days 2 delay in filing the Civil Application. It is therefore prayed that the delay caused in filing the present Civil Application may be condoned and the Second Appeal No.757/2001 may be restored after setting aside the order dated May 6, 2008. 3. The application is opposed by the Respondent. The Sarpanch of Respondent-Grampanchayat Ms.Prabhavati Prakash Jadhav has made affidavit, interalia contending that no specific reasons are given for condonation of delay and therefore the application deserves to be rejected. 4. I have heard Mr.Suryavanshi, learned counsel for the applicant and Mr.Mhatre, learned counsel for the opponent. Considering the assertions made in the application, I am satisfied that there was no willful default on the part of the applicant s Advocate in not ’ attending the matter on May 6, 2008. Considering the grounds given in the application, I am satisfied that the applicant has made out sufficient cause for condoning the delay. With the result, Civil Application is allowed in terms of prayer clauses (a) and (b), with no order as to costs. 5. Second Appeal is restored to file. Let the Second Appeal No.757/2001 be listed for admission in due course. (R.G.KETKAR, J.)