MMJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.409 OF 2010 IN SECOND APPEAL NO.1190 OF 2005 Govind Kabra Bhadricha ..Applicant Vs. Kashinath Krishna Gavari ..Respondent Shri S. G. Karandikar for the Applicant CORAM : A.P. BHANGALE, J. DATE : 26th APRIL, 2010 P.C. : 1. Heard. By this application the applicant (original plaintiff) prays for restoration of Second Appeal No.1190 of 2005, which was dismissed by the order dated 14-1-2010 on account of default in appearance on behalf of the appellant. According to the learned Advocate for the applicant, the respondent was informed by registered notice of this application on his last known address but the registered envelope along with the acknowledgment has been returned back with the remark “intimation not claimed” on 23-3-2010 and returned to sender on 29-3-2010. The affidavit of service sworned by Mr. Sunil Shedge indicates that the registered letter with A.D. was sent on the address of the respondent shown in the civil application for effecting service. The Advocate for the applicant, therefore, submitted that the respondent is duly served. It is further submitted that the respondent has not appeared in the High Court. The applicant had engaged the services of Advocate Mr. S.G. Karandikar, who appears on his behalf at the final hearing of the second appeal but unfortunately he was busy in another court and, therefore, the second appeal came to be dismissed for default. 2. Considering the submissions, I think the litigant should not suffer for lapse on part of his Advocate. Hence, I am inclined to restore the second appeal, subject to the payment of costs of rs.250/- payable to Maharashtra State Legal Services Authority. The second appeal is restored to file and to be listed in the board in due course. 3. The civil application is allowed. ( A.P. BHANGALE, J.)