1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application No. 678/2011 (APPP) IN Misc. Criminal Application No. 677/2011 (APPP) IN Criminal Application No. 1016/2000 Banabai w/o Shriramsa Deulkar and two others V/s. State of Maharashtra through Police Station Nandgaonpeth, Distt. Amravati ----------------------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. ----------------------------------------------------------------------------------------------------------------------------------------- Mr. R. D. Murkute, Advocate for the Applicants Mr. J. B. Jaiswal, A.P.P. for Respondent No. 1 Mr. V. G. Bhamburkar, Advocate for Respondent No.2 Coram: P. B. VARALE, J Dated : 8th September 2011 Heard Mr. R. D. Murkute, learned Advocate for the Applicant. By this application, the applicants pray to condone the delay of 7 years and 4 days in filing restoration application. Learned counsel for the applicants submits that the matter was entrusted to Mr. P. G. Kheole, Advocate and since he failed to appear on a fixed date when the matter came up for final hearing on 13/07/2004, therefore, the matter came to be dismissed in default for want of prosecution. Applicants were 2 unknown about the demise of learned Advocate and they were under an impression that the instant matter is pending in the Court. Mr. V. G. Bhamburkar, learned Advocate for the Respondent No.2, strongly opposes the application. There is nothing to show that at any point of time the applicants tried to establish contact with the learned Advocate or to take necessary steps for more than 7 years. The ground raised in the application for condonation of delay is fully inadequate and can not be termed in any way as just and sufficient to condone the inordinate delay of 7 years and 4 days. In view of the above mentioned facts, I am of the opinion that the application deserves to be rejected. Hence, application is rejected. JUDGE Punde