1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 1490/2010 _______________________________________________________________ Office Notes, Office } Memoranda of Coram, } Court's or Judge's orders appearances, Court's } orders or directions } and Registrar's orders } ___________________________}___________________________________ Shri S. P. Katneshwarkar, Advocate for Petitioner. Shri H.T. Joshi, Advocate for respondent No.1 ........................... [CORAM : K.U. CHANDIWAL, J ] DATE : 02ND FEBRUARY, 2010. PER COURT : 1 Heard. 2 The appellant filed F.A. St. No. 25866/1994 but did not keep track of the matter and faced dismissal as the directions dated 06-04-2009 of this court to take steps were not complied. In the process, again there is delay of 255 days in filing C.A. for restoration. The matter revolve to claim being petition No. 107/1988 decided on 07-07-1994. Considering the difficulties 2 expressed by the claimants in the application, the mistake is occasioned by the advocate in not keeping track and not taking steps for that, the claimant should not be sufferer, omission is not deliberate. Consequently order- The delay of 255 days in filing application condoned. The order dated 06-04-2009 is recalled. First Appeal is restored to it’s original position. The appellant to pay Rs.2,500/- to each of the respondents within a month. [ K.U. CHANDIWAL, J ] tskca1490.10