1 CAS 1703 of 2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1703 OF 2010 IN SECOND APPEAL NO.379 OF 2009 Vishwanath Vinayak Pimple ...Applicant Vs. Smt. Hirabai Ramnath Pimple and Ors. ...Respondents ----- Mr. V.Z. Kankaria i/b. Mr.J.S. Suryavanshi for Applicant Ms. Amita Chaware i/b. Mr. S.S. Deshmukh for Respondent Nos.1 to 6 and 9 ----- CORAM: V.M. KANADE J. DATED: 7th April, 2011 P.C. 1. Heard the learned counsel appearing on behalf of the Applicant and the Respondents. 2. This is an application for restoration of Second Appeal which was dismissed for want of prosecution by order dated 8th September, 2010. Firstly, it is submitted that the advocate by name V.Z. Kankaria was on leave and as he was out of India and leave note was submitted by him. Secondly, it is submitted that other advocate on record Mr. J.S. Suryavanshi had gone to his native place for celebration of Ganpati Festival. Thirdly, it is submitted that the circulation of this matter was taken by the counsel appearing on behalf of the Respondents and no notice of the circulation was 2 CAS 1703 of 2010 given to the advocate appearing on behalf of the Appellant. It is submitted that computer date shown that the matter was listed for admission on 22nd October, 2010 and the Respondents' counsel got the matter circulated out of turn without giving notice to the Appellants/Applicants' counsel. 3. On the other hand, the learned counsel appearing on behalf of the Respondents submitted that there were two advocates on record and so far the other advocate is concerned, the reason given by him that he had gone to Kolhapur for attending Ganpati Festival is incorrect. Since during that period, the Ganpatil Festival has not commenced. It is further submitted that the names of the advocate on record were shown on the Board though admittedly, notice of the circulation was not given to the Applicant. Therefore, it is submitted that the matter may not be restored. 4. Submissions made by the learned counsel for the Applicant will have to be accepted. In my view, it was the duty of the counsel for the Respondents to have informed the Applicants' counsel in writing that though the matter was to come on Board on 22nd October, 2010 for admission, circulation was taken out of turn. Admittedly no such notice either oral or written was given by the Respondents' counsel. It is not disputed that advocate Mr. V.Z. Kankaria has tendered his leave 3 CAS 1703 of 2010 note. Hence, sufficient cause has been shown by the Applicant for not appearing in the Court on that date. Hence the order dated 8th September, 2010 is recalled. Civil Application is allowed. Second appeal is restored to the file. Civil Application is disposed of. 5. Place the second appeal on the admission board on 15th April, 2011. (V.M. KANADE J.)