1 caf2056 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.2056 OF 2008 IN FIRST APPEAL NO.1214 OF 1997 Hiralal Bagwandas Rajput & Anr. ...Applicants vs. Ratilal Bhagwandas Rajput & Anr. ...Respondents Mr.R.A.Thorat i/b Mr.A.G.Purohit for the applicants Mr.S.M.Khaire for the respondent nos.1 and 2 CORAM : A.S.OKA,J. DATE : AUGUST 20, 2011 P.C.: 1 Heard learned counsel for the applicants and the learned counsel for the respondents. 2 Prayer is for restoration of the civil application no.500 of 2005 which was dismissed in default on 2nd February 2007. The said application was for restoration of the appeal which was dismissed in default. Present application has been filed on 2nd April 2008. The application is opposed by the learned counsel for the respondents. In the application it is averred that the applicants were not aware about the dismissal of the application and for the first time they became aware of the said fact when on 8th March 2008 when they were served with the copy of the suit no.635 of 2008 filed by the respondents. It is stated that the Advocate s Clerk did not inform the Advocate about the listing of the application on the board. In view of the 2 caf2056 averments made in the application, a case for restoration is made out. The applicants will have to pay costs. The amount of costs is quantified at Rs. 5000/-. 3 Accordingly, application is allowed in terms of prayer clauses (a) and (b) subject to the applicants paying costs of Rs.5,000/- to the respondents within a period of four weeks from today. Payment of costs will be a condition precedent. JUDGE