1 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.132 OF 2010 WITH CIVIL APPLICATION NO.193 OF 2009 Devraj Bhagwandin Dhobi ..Appellant V/s. Mahadev Shivlal Dhobi ..Respondent Mr.Shamim i/b.Shamim & Co., Advocate, for the Appellant Mr.Tanvir Shaikh, Advocate, for the Respondent CORAM : R.C.CHAVAN, J. DATE : 22ND JUNE, 2010 P.C. . This Appeal is directed against the Order dated 18th November, 2009, passed by the learned Judge, City Civil Court, Bombay, in Notice of Motion No.1217 of 2009 in Short Cause Suit No.1245 of 2007 whereby the learned Judge refused to set aside the Order of dismissing the suit, on account of the Appellant's default and also refusing to condone the delay of 312 days which was 2 occasioned in seeking restoration of the suit. 2. By consent, the Appeal is taken up for final hearing at the stage of admission. Considering the fact that the Appellant was stated to be visually impaired person running PCO, though the justification submitted by him to the Trial Court for his absence as well as for the delay which was occasioned in applying for restoration is fragile, in order to enable the Appellant to have his lis decided on merits, rather than to allow it to go by default, the impugned Order is set aside. The delay in taking out Notice of Motion before City Civil Court is condoned and Motion is allowed. Suit is restored to the file of the City Civil Court for disposal on the Appellant's paying to the Respondent costs of Rs.10,000/- within a period of eight weeks. This order shall be inoperative, if the costs are not so paid. The learned Judge shall endeavour to dispose of the suit as early as 3 possible and preferably within a period of six months, upon restoration. 3. Accordingly, Appeal from Order is disposed of. 4. In view of disposal of the Appeal from Order, Civil Application does not survive and the same is disposed of. (R.C.CHAVAN, J.)