-1- GPN-J-2459-ARHCBN-3-04-1,00,000-ALA4* [Spl.-H.C.,A.S.,C.D.79e. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. C.A.NO. 5573/2008 & C.A.ST.NO.9581/2008 Govind Ramaji Shende ...vrs... Arun Daulat Shende ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram appearances, Court's orders or Directions Court's or Judge's Orders. And Registrar's Orders. ----------------------------------------------------------------------------------------------------------------------------------- CORAM : B.P.DHARMADHIKARI, J. DATED : MARCH 24, 2009. Heard Advocate Shri M.K. Kulkarni, holding for Advocate Shri S.P. Palshikar and Advocate Shri Solao, for respondent nos. 1 to 7. Prayer is to condone delay of 24 days in filing restoration application. Reason given is that, when Second Appeal was listed for hearing it was not marked and therefore, it came to be dismissed for want of prosecution on 29.04.2008. Advocate Shri Solao, is strongly opposing prayer for condonation of delay on the ground that the reason given are not just and sufficient. The application on affidavit discloses that the appellant came to Nagpur on 18.6.2008, contacted his Advocate and made enquiry and learnt about the dismissal. The application was then moved -2- on 23.06.2008. The Second Appeal was already admitted and in such circumstances, I do not find any malafides in the matter. Delay is therefore, condoned in filing Misc. Civil Application. As the delay is condoned, office to register the M.C.A. and for the reasons recorded in order condoning delay, the order of this court dismissing Second Appeal for want of prosecution dated 29.4.2008 is hereby recalled and appeal is restored back to file. Advocate Shri Solao, waives notice on restoration. JUDGE Rgd.