1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO.4102 OF 2009 IN CIVIL APPLICATION STAMP NO.7166 OF 2009 IN CIVIL REVISION APPLICATION NO.140 OF 2005 Asma Hussain w/o Iqbal Hussain & others APPLICANTS VERSUS Purna Education Committee & anr. RESPONDENTS ..... Shri S.S. Choudhari, Advocate for the applicants Shri L.H. Kawale, Advocate holding for Shri K.J. Suryawanshi, Advocate for respondent No.1. Shri P.C. Mayure, Advocate holding for Shri S.G. Chapalgaonkar, Advocate for respondent No.2. ..... CORAM : S.P. DAVARE, J. DATED : 23rd June, 2009. ORAL ORDER : 1. Perused. 2. By the present Civil Application, the applicants (original plaintiffs) have requested to condone the delay of 683 days in filing the accompanying 2 Civil Application for restoration of Civil Revision Application No.140/2005. The applicants (original Plaintiffs) had filed Special Civil Suit No.112/1993 in the Court of Civil Judge, Senior Division, Parbhani for the recovery of amount of Rs.21,000/- from respondent No.1 towards the rent in respect of land bearing Survey No.11/2 in Ward No.4, Purna for the period of 15.2.1991 to 14.7.1993 with interest etc. However, the said civil suit was dismissed by judgment dated 20.7.2000. Being aggrieved by the said judgment and order, the applicants preferred Regular Civil Appeal No.19/2003 before District Judge, Parbhani. However, it was also dismissed by Adhoc District Judge, Parbhani by judgment and decree dated 21.4.2005. The applicants preferred Civil Revision Application No.140/2005 before this Court assailing the judgment and decree passed by Adhoc District Judge, Parbhani on 21.4.2005. 3. After hearing the said Civil Revision Application on 19.8.2005, this Court issued notice to the respondents. Thereafter on 16.2.2006, this Court granted Rule in the said Civil Revision Application and directed that non applicant No.1 to deposit the amount of Rs.21,000/- within four weeks. Accordingly, the said amount was deposited in this Court. Thereafter, the said Civil Revision Application was on board on 20.3.2007 for final hearing, but did not reach on the said date. Thereafter, it did not appear on the board. On 16.4.2007, on the board of Association, it was mentioned that the final hearing board dated 9.4.2007 would be taken, but the said note did not come up to the notice of Advocate for the applicants. Hence, the said Civil Revision Application 3 was called out on 16.4.2007 and was dismissed on the same day. However, it was not followed by the Advocate till 13.3.2009. On 13.3.2009 when the enquiry was made by the husband of applicant No.2 and son-in-law of applicant No.1 about the said Civil Revision Application, the said fact of dismissal of the Civil Revision Application was revealed and it was noticed on the computer that it was dismissed in default on 16.4.2007. 4. Accordingly, it is the contention of the applicants that the Advocate could not remain present before this Court when the matter was called out on 16.4.2007, since it was not noticed by him till 13.3.2009. Thus, the said Civil Revision Application came to be dismissed due to inadvertence. 5. Accordingly, it is the contention of the applicants that, the applicants have preferred separate civil application for restoration of the said Civil Revision Application, but there is delay of about 683 days in filing the application for restoration and applicants requested to condone the same. 6. Heard learned counsel for the parties. Considering the contents of the present civil application, it is apparent that the delay occurred in filing the accompanying civil application for restoration of Civil Revision Application No. 140/2005 is not deliberate and wilful but it appears to have been occurred due to inadvertence. Hence, the delay is required to be condoned in the interest of justice and accordingly, the present Civil Application is required to be allowed. 4 7. In the result, the present Civil Application is allowed in terms of prayer clause (B) thereof and the delay of 683 days in filing Civil Application for restoration of Civil Revision Application stands condoned. (S.P. DAVARE, J.) fmp/ca4102.09