1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR MISC. CIVIL APPLICATION NO. 4 OF 2010 IN A. O. NO. 163 OF 2009 Vasant Bhauraoji Bhusari Vs. Prakash Laxmanrao Ande Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's orders Smt I. P. Khisti Adv for applicant. CORAM: SMT. R. P. SONDURBALDOTA J. Dated: 5 th JANUARY, 2010. This Civil Application is taken out for restoration of the appeal from order which was dismissed by the order dated 18.12.2009 which reads as follows: “Counsel for the petitioner is present before the Court. He is unable to argue the matter. Dismissed for default.” Learned counsel for the applicant states that learned junior was unable to argue the matter for want of brief. Considering the facts and circumstances of the case civil application is allowed in terms of 2 prayer clause (a) and (b). Office to place the appeal for admission on 19.01.2010. Respondent may file affidavit in reply to the appeal. JUDGE svk 3 4 5