1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CAO No. 697 of 2010 In MCA (St) No. 7815 of 2010 In SA No. 555 of 2007 Sanjay and ors v. Smt Shantabai and ors -------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr A.V. Muley, Adv for applicants Coram: B. P. Dharmadhikari, J Dated: 3rd October 2011 1. Second Appeal No. 555 of 2007 has been admitted on 27th November 2007. 2. From perusal of above applications, it appears that though efforts were made to serve respondent no. 3 in Second Appeal on his registered address, same could not succeed. As service was not effected, matter was listed before the registrar on 12.2.2008 and as steps were not taken, appeal was dismissed on 13.3.2008 as per the orders or Registrar. 3. It is mentioned that listing of matter before Registrar escaped attention of learned counsel and hence, matter could not be attended. Therefore, dismissal also escaped attention. Prayer, therefore, is to condone delay and restore appeal dismissed as against respondent no. 3. 4. This Court has issued notices on prayer for 2 condonation of delay and also on MCA for restoration on 26th August 2010. Though respondent no. 3 is served in March 2011, there is no appearance for him. 5. In this situation, as I do not see any malafides, both the applications are allowed. Delay of 2 years and 37 days caused in filing MCA for restoration is condoned. 6. For same reasons, prayers in MCA are granted and appeal is restored as against respondent no. 3. 7. Mr Muley states that address of respondent no. 3 in appeal memo needs to be corrected by pointing his alternate address of Vishakhapattanam. Accordingly, said prayer is granted. Appellant to carry out necessary correction in cause title by mentioning alternate address. Issue notice to respondent no. 3 on registered address as also on alternate address through Court as also by RPAD, returnable on 23.1.2012. Judge joshi