1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR. CIVIL APPLICATION NO.7643 OF 2008. Sadashiv s/o Sitar Dange through L.Rs. .vs. Mahadeo Daulat Choudhari -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. Coram: C.L.PANGARKAR,J. Dated : 11th December, 2008. Heard Mr.A.C.Dharmadhikari, Advocate for the applicants. None appears for the non- applicant. This application has been filed for condonation of delay in preferring the restoration application. The appeal was listed before this court for hearing on 21/09/2006. None appeared on that date before the court hence, the matter was once again placed on 22/9/2006. On that date too, none appeared for the appellants. The court, therefore, dismissed the appeal. This application for restoration has been filed on 23/9/2008. 2 Therefore, the applicants seek to condone the delay in preferring the restoration application. It is stated in the application that the appellants' counsel came to know of the dismissal of the appeal on 9/9/2008. It is stated that the counsel for the appellants could not mark the matter when it was listed on 21/9/2006 and 22/9/2006 and through inadvertence, he could not remain present before the court. It is contended that it was the mistake on the part of the counsel and the litigant should not suffer for the same. Considering this aspect, the appeal stands restored to file and the delay stands condoned. JUDGE. chute