1 caf1146-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTIION rpa CIVIL APPLICATION NO.1146 OF 2009 IN FIRST APPEAL NO.501 OF 1999 Kishor Baburao Mahendrakar .. Applicant V/s. Sahebrao Kashinath Kakade (Since deceased thorugh his LR's) Anil Sqahebrao Kakade & Ors. .. Respondents .... Mr. S. M. Gorwadkar for the applicant. .... CORAM : A. S. OKA, J. DATE : FEBRUARY 23, 2011. P.C. Heard the learned counsel appearing for the applicant. He states that private notice have been served to all the respondents. 2. The prayer in this application is for restoration of the First Appeal which was dismissed for default on 16th June, 2006 as the advocate for the appellant was not present. In view of the averments made in the application and in particular paragraph 2 caf1146-09 Nos. 7 to 9 of the application, a case for restoration is made out. Accordingly, application is allowed in terms of prayer clauses (a) and (d). 3. Interim relief is not restored with liberty to the applicant to taken out another Civil Application for appropriate interim relief. JUDGE