1 ca5981.10 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.5981 OF 2010 IN FIRST APPEAL NO. 137 OF 1994 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: Shrihari P. Davare, J. Date : 18.02.2011. 1. Heard Shri R.F. Totla, learned Advocate for the applicants and Shri B.J. Sonawane, learned A.G.P. for Respondent. 2. This is an application preferred by the applicants-orig. claimants for quashing and setting aside the order dated 23.3.2010, thereby dismissing the said first appeal No.137 of 1994, and for restoration of the said appeal to its original stage. 3. Mr. Totla, learned counsel for the applicants submits that the matter was on board of 23.3.2010 2 ca5981.10 at serial No.61, but name of Advocate Smt. Anjali Dubey was shown for the applicants and the copy of the said board is annexed as annexure A to the present civil application. 4. The applicants submit that they have changed their Advocate when they preferred earlier civil application No.9959 of 2009 as the matter was earlier dismissed in default and the said civil application was allowed by order dated 25.9.2009. 5. The applicants in para 5 of the application submit that the said civil application was filed by Advocate Shri R.F. Totla, since they had engaged him as their Advocate. The applicants also submit that on 23.3.2010, since the name of Advocate Shri R.F. Totala was not reflected on the board, the appeal was not attended to, which resulted into dismissal of said appeal in default, on 23.3.2010. 3 ca5981.10 6. Considering the rival submission, it appears that absence of the applicants and their advocate on 23.3.2010 was not intentional and they have pleaded and proved sufficient cause for their absence and, therefore, first appeal No.137 of 1994 is required to be restored to its original stage, by recalling the order dated 23.3.2010. 7. In the result, civil application is allowed in terms of prayer clause (B) thereof, and the order dated 23.3.2010 dismissing first appeal No.137 of 1994 stands recalled, and the said appeal is restored to file, to its original stage. Office is directed to show the name of Shri R.F. Totla, as Advocate for the applicants, henceforth. 8. Application stands disposed of, accordingly. pnd/ca5981.94 (SHRIHARI P. DAVARE, J.)