1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 4039 OF 2010 IN SECOND APPEAL NO. 233 OF 1989 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : P.R. BORKAR.J. DATED : 13.04.2010 1. Adv. Shri A.M. Hazare h/f. Adv. Shri A.B. Kale is present for the applicants. This is an application for condonation of delay of 285 days in making application for restoration. It is stated that the original appellant – Eknath Bade had expired on 04.06.1997 and the other appellants were not aware of the second appeal. It is stated that the advocate had issued notice by R.P.A.D. on 24.11.2008 and on same day the second appeal was dismissed for default. It is not explained why inspite of notice sent by the advocate, the applicant did not meet the advocate and requested him to make application for restoration immediately. However, there is delay of 285 days in filing 2 the application. Said delay is not explained and hence this application is dismissed. 2. In view of dismissal of Civil Application No. 4039 of 2010, Civil Application No. 4040 of 2010 does not survive and it is disposed of as such. [P.R. BORKAR,J.] snk/2010/APR10/ca4039.10