1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD -------------------------------------------------------------------------- Office Notes, Office Memoranda| Court's or Judges' orders of Coram, appearanes, Court's | orders or directions and | Registrar's orders | -------------------------------------------------------------------------- Shri Kadam Adv. h/f Shri A.D. Aghav, Adv. for the applicant. Shri S.B. Choudhari,Adv. for the Respondent. -------------------------------------------- C.A. NO.1899/2009 IN C.A.NO.1329/08 IN F.A. ST.NO.1702/2008. -------------------------------------------- 1) Heard counsel extensively. The failure to furnish fresh address of the Respondent No.3 in the given time till 7th July, 2008, resulted in dismissal of the appeal as against the Resp.No.3. The grounds are indicated in paragraph 2 of the application that the Advocate informed about unserved notice of the Respondent No.3, however, the applicant had difficulty to get the correct address of the Resp. No.3 within stipulated time an consequently could not comply the directions of this court. The another agony in the matter of delay of 215 days in making the application seeking restoration. 2) Considering the controversy, status of the appellant with her two minor kids the delay is not intentional. There is no deliberate omission. It is condoned. 2 The appeal is restored to original position as against the Respondent No.3. Now the counsel for Respondent No.3 waives service. 3) At the request of both the sides call R & P. Appeal to be disposed of at admission stage. S.O. 21st August, 2009. 4) Considering the peculiar facts and circumstances, without adverting to the merits at this stage, the earlier interim protection granted in favour of the appellant to continue till next date. Date: 15/07/2009 K.U.CHANDIWAL, (JUDGE) cmg/ca189909