1 CAF 1721 OF 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1721 OF 2011 IN FIRST APPEAL NO.1136 OF 1995 Anant K Patil (decd) Through LRS Janabai A Patil .. Applicant. -versus Special Land Acquisition Officer, .. Respondent. Mr. S.S. Kulkarni, for the Applicant Mr. A.R. Patil, for the respondent CORAM: A. S. OKA, J. DATED: 3rd May, 2011 P.C. 1. Heard learned counsel, appearing for the applicants and learned AGP, appearing for the Respondent State. 2. Prayer is for restoration of the appeal which was dismissed for non prosecution. 3. Learned counsel appearing for the applicants pointed out that on 21st April, 1997, appeal was placed before Division Bench of this Court as objection in the appeal was not removed. From the farad sheet, he pointed out that the only objection was that Vakalatnama of the Advocate for the appellant was not filed. Learned counsel appearing for the applicants pointed out that the time of one week was granted to the appellant on 21st April, 1997, to remove the said 2 CAF 1721 OF 2011 objection failing which the appeal was to stand dismissed in default. He pointed out that VP (Stamp) No.11302 of 1997 was filed by the Advocate for the applicant on 24th April, 1997 and therefore, the conditional order never became operative. The learned AGP opposed this application filed by the applicants. 4. Perusal of the Farad sheet shows that the only objection was that the Advocate for appellant had not filed Vakalatnama and therefore, on 21st April, 1997, a conditional order was passed and time of one week was granted. Learned counsel appearing for the applicant has produced for perusal of this Court, the information obtained from Interactive Public Information system of this Court, which shows that the Vakalatnama was filed by the advocate for the applicants on 24th April, 1997, i.e. before expiry of time granted by the Division Bench, for removal of office objection. Hence a case for restoration is made out. Accordingly Application is allowed in terms of prayer clause (a) and (a-1). The applicant is directed to place on record a true typed copy of the impugned judgment on or before 10th June, 2011. Thereafter the appeal will be added to the board of final hearing . (A. S. OKA, J.)