IN THE HIGH COURT OF JUDICATURE AT BOMBAY VPH CIVIL APPELLATE JURISDICTION CIVIL APPLICATON No. 452 OF 2009 IN FIRST APPEAL (St.) No. 7916 OF 2007 R. V. Mahadik ... Applicant Vs Mrs. S. T. Patharvat ... Respondent Mr. N. S. Patil, for the Applicant. None for the Respondent. CORAM: A. P. DESHPANDE, J. DATED: FEBRUARY 3, 2009. P.C.: ---- . Heard the learned counsel for the applicant. Counsel for the respondent, though served, remained absent. By the present application, two folds prayers are made- (i) condonation of delay of 1 year 41 days in moving the application for restoration of the appeal; and (ii) restoration of the First Appeal. The appeal came to be dismissed on account of non-compliance of the order dated 4th August 2007 passed by this Court whereunder bhatta was directed to be paid within a stipulated period; failing which the appeal was to stand dismissed. 2. It is stated in paragraph 11 of the application that due to oversight of the advocate and - 2 - his clerk bhatta remained to be paid, resulting in vacation of the ad-interim order and dismissal of the appeal. It is also stated that respondent was served and an advocate on his behalf had also filed Vakalatnama. Learned counsel for the applicant submits that the client should not suffer due to mistake of the counsel. Perused the application. For the reasons stated therein, the impugned order is set aside by condoning the delay in filing the present restoration application; and First Appeal (St.) No. 7916 of 2007 is restored to file. Civil Application is accordingly disposed of. Sd/- [ A. P. DESHPANDE, J.]