1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3719 OF 2008 IN FIRST APPEAL NO.2756 OF 2002 Smt. Madhuri Kisan Motwani .... Applicant Vs. Swati S. Joshi & Anr. .... Respondents Ms. Anjali Uthal, Advocate for Applicant. None for respondents. Coram : SMT. R.P. SONDURBALDOTA, J. Date : 19th November, 2008 P.C. 1. This Civil Application is for restoration of the First Appeal which was dismissed for default on 15th March, 2008. The applicant moved the present Civil Application on 4th July, 2008 i.e. after the delay of 90 days. The application states that the applicant had filed the Civil Application No.3279 of 2006 praying for condonation of delay in filing the First Appeal, that Civil Application was appearing on the board under caption of “unserved notice”. When the matter was called out, the Advocate for the applicant was busy elsewhere and the Civil Application came to be dismissed. In view of the dismissal of the Civil Application for condonation of delay, the First Appeal was also dismissed. The 2 applicant has served copy of the Civil Application upon the respondents. Despite service, they are absent. 2. For the reasons stated in the Civil Application, the same is allowed. Civil Application No.3279 of 2006 be placed on the board for hearing by next week. (SMT. R.P. SONDURBALDOTA,J)