1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION CIVIL APPLICATION NO. 336 OF 2009 IN CIVIL APPLICATION NO. 219 OF 2009 IN LETTERS PATENT APPEAL (STAMP) NO. 18021 OF 2009 IN WRIT PETITION NO.3904 OF 2008 The Deputy Secretary, Rural Development and Water ) Conservation Department and others ).. Applicants/ Appellants Versus Housiram Ramkrishna Ugale ).. Respondent Mr. V.P. Malvankar, “A” Panel Counsel, for the Applicants. Mr. Ameya Tamhane for the Respondent. CORAM : ANIL R. DAVE, C.J. AND S.C. DHARMADHIKARI, J. DATE : 19TH APRIL 2010 P.C. This is an application for restoration of Letters Patent Appeal (Stamp) No. 18021 of 2009 in Writ Petition No.3904 of 2008 as well as Civil Application No. 219 of 2009. 2. The said Appeal had been dismissed for default on 12th October 2009 as the learned Advocate appearing for the Appellants was absent. 3. The learned Assistant Government Pleader appearing for the Applicants submits that the learned Assistant Government Pleader appearing for the Appellants was not well and had, therefore, not attended the Court on 2 that day and, therefore, the order dated 12th October 2009 was passed whereby the Appeal had been dismissed for default. 4. Upon hearing the learned Advocates and in the interest of justice, the afore-stated order dated 12th October 2009 is quashed and the Appeal and the Civil Application is restored to file. 5. Civil Application disposed of accordingly. CHIEF JUSTICE S.C. DHARMADHIKARI, J.