1 ca10684.11 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 10684 OF 2011 IN SECOND APPEAL NO. 73 OF 1988 (GOROBA S/O. RAVAN GAVLI & ORS. VS. NANA S/O. GANA GAVLI & ORS.) Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : A.V. NIRGUDE, J. DATED : 27.09.2011 Mrs. Anjali Bajpai Dube, Advocate for the applicants; Ms. S.M. Zaware i/b. Mr. V.D. Salunke, Advocate for respondent No.2. 1. Heard. This application is moved for restoration of the appeal, which was dismissed in 2009 due to default committed by the learned advocate for the applicants/appellants. The applicants’ advocate filed her own affidavit, wherein it is stated that she was not in Aurangabad when the matter was called out and she said that the advocate who was entrusted this case for arguments did not conduct the case because she was hospitalized. 2 ca10684.11 2. The reasons is quite convincing and therefore I am inclined to allow the application for setting aside the order of dismissal. Hence, the application is allowed. However, this should be allowed and the appeal shall stand restored only on payment of costs of Rs.2000/-(Rupees Two Thousand Only) to the respondents’ advocate. The costs shall be paid within one week. The application stands disposed of. [A.V. NIRGUDE, J.] snk/2011/SEP11/ca10684.11