IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.5451 OF 2008 IN FIRST APPEAL NO.1213 OF 1997 Kantidevi C.Tiwari .. Appellant V/s. Gopal K.Shetty .. Respondent Mr.V.Y.Sanglikar for the Appellant. Ms.Swati M.Pokale i/b. Mr.A.B.Shinde for the Respondent CORAM : U.D.SALVI, J. DATED : FEBRUARY 10TH, 2009. P.C. Heard both the sides. Perused the Application and the record. Service of the notice of application is waived. The First Appeal No.1213 of 1997 was dismissed in default as the learned counsel representing the Appellant could 1 not appear before the Court when the matter was called for hearing due to his preoccupation in writ petition No.3060 of 2008 on 6th October, 2008. Thus, the absence of the Petitioners Advocate was unintentional. Hence, the order : :: O R D E R :: i. The order dated 6th October, 2008 dismissing the First Appeal No.1213 of 1997 is set aside and the appeal restored to file. By consent the First Appeal is posted for hearing on 30th March, 2009. [U.D.SALVI, J.] 2 3