1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR LETTERS PATENT APPEAL NO. 285/2011 IN W.P. NO.3993/2010 (D) (KRISHNARAO MAROTRAO RAUT (DEAD) THR. L.R.S VERSUS GOPALRAO MAROTRAO RAUT (DEAD) THR. L.R.S) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A. Ninawe, counsel for the appellant. CORAM : SMT. VASANTI A. NAIK AND PRASANNA B. VARALE, JJ. DATE : JULY 18 , 2011 . Heard. The learned Single Judge was pleased to set aside the order passed by the learned District Judge, Nagpur on 29.03.2010 on Miscellaneous Civil Application No.829 of 2009 and was further pleased to direct the restoration of Regular Civil Appeal No.501 of 2005 as though the respondent had not filed a separate application for condonation of delay in filing the application for restoration of the appeal, the respondent had furnished an explanation as to why the application for restoration was not filed within the prescribed period of limitation. The learned Single Judge was of the view that the District Court ought to have taken into consideration, the explanation furnished by the respondent for his non-appearance before the Court on 08.05.2009 and also for the delay in filing the restoration application. The learned Single Judge found and rightly so that it cannot be said that the reason put forth by the respondent for not 2 attending the Court on 08.05.2009 was not bona fide. Since the 4th District Judge, Nagpur had erred in dismissing the miscellaneous civil application on the ground that there was no separate application for condonation of delay and the cause for not appearing before the Court on 08.05.2009 was not genuine, the order passed by the 4th District Judge, Nagpur on 29.03.2010 was rightly set aside. Hence, for the reasons aforesaid, the letters patent appeal is dismissed with no order as to costs. JUDGE JUDGE APTE