IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR CIVIL APPLICATION NO.3949/2008 Smt. Kusum Dongre ..vs.. Kisan Dongre & ors =================================== CORAM: S.R. DONGAONKAR, J. DATE: 18.9.2008 Heard Mr. W.M. Qazi, Advocate for the applicant and Mr.Pathan, Advocate for respondent no.2,3, &4. None present for respondent no.1. Respondent no.5 & 6 are absent though served. Learned counsel for the respondents no.2 to 4 has opposed this application. The delay is stated to be of 495 days in preferring the first appeal. First Appeal No.245/2001 was dismissed as per order of this court dated 8.8.2006 for private paper book was not filed within a period of 8 weeks as per that order. It is claimed by the learned counsel for the applicant that due to inadvertence he missed to file the paper boo and consequently the said appeal was dismissed and he came to know about the order of dismissal in January 2008. Learned counsel states that on 8.8.2006 he could not mark the case when it was listed and when he came for filing paper book in January 2008, he came to know about the order. Thereafter, he called the applicant and then in March 2008 the application is filed. In reply learned counsel for respondents no.2 to 4 vehemently opposed this application. For the mistake of the counsel the applicant should not suffer. With this view only this application is allowed, however, with the expectation that the appeal will be prosecuted diligently after its restoration, if it is ordered so on consideration of application for restoration. Application is allowed subject to cost of rs.500/- to be paid to High Court Legal Services Sub Committee within a period of 4 weeks. List the application for restoration for consideration on 23.11.2008. Mr. Pathan, Advocate waives notice for respondents no.2 to 4 on restoration application. JUDGE smp.