1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.9376 OF 2005 NO.9376 OF 2005 NO.9376 OF 2005 Smt Smt Smt Laxmibai Bhiku Mhatre Laxmibai Bhiku Mhatre Laxmibai Bhiku Mhatre ...... Petitioner Petitioner Petitioners & ors ors ors vs vs vs Shri Shri Shri Chintu Hiru Kamble.. Chintu Hiru Kamble.. Chintu Hiru Kamble.. Respondent Respondent Respondent Mr. Mr. Mr. P.S.Dani P.S.Dani P.S.Dani for Petitioners for Petitioners for Petitioners Mr.A.S.Kode Mr.A.S.Kode Mr.A.S.Kode for for for Respondent no.1 Respondent no.1 Respondent no.1 CORAM CORAM CORAM : : : S.A.BOBDE, J S.A.BOBDE, J S.A.BOBDE, J DATED DATED DATED : 3rd August, 2007 : 3rd August, 2007 : 3rd August, 2007 P.C. P.C. P.C. 1.1.1. The petitioners have challenged the order of The petitioners have challenged the order of The petitioners have challenged the order of the the the learned District Judge refusing to restore his learned District Judge refusing to restore his learned District Judge refusing to restore his appeal. appeal. appeal. The appeal was earlier dismissed for non- The appeal was earlier dismissed for non- The appeal was earlier dismissed for non- removal removal removal of of of office objections and an application for office objections and an application for office objections and an application for restoration restoration restoration has been dismissed inter alia for has been dismissed inter alia for has been dismissed inter alia for condonation condonation condonation of delay in preferring the appeal. It of delay in preferring the appeal. It of delay in preferring the appeal. It isisis not clear if the petitioners were aware of the not clear if the petitioners were aware of the not clear if the petitioners were aware of the impugned impugned impugned order or that when they came to know of order or that when they came to know of order or that when they came to know of the the the dismissal of the appeal on a particular date. dismissal of the appeal on a particular date. dismissal of the appeal on a particular date. ItItIt appears that there was a delay because, their appears that there was a delay because, their appears that there was a delay because, their advocate advocate advocate was regularly practising at Pen which is was regularly practising at Pen which is was regularly practising at Pen which is atatat a distance of about 100 kms away from Raigad. a distance of about 100 kms away from Raigad. a distance of about 100 kms away from Raigad. Having Having Having regard to the circumstances, it does not regard to the circumstances, it does not regard to the circumstances, it does not appear appear appear there was any delay or willful neglect. The there was any delay or willful neglect. The there was any delay or willful neglect. The petition petition petition is therefore, allowed and the impugned is therefore, allowed and the impugned is therefore, allowed and the impugned order order order is hereby set aside subject to the is hereby set aside subject to the is hereby set aside subject to the petitioners petitioners petitioners paying costs of Rs.1500/- to the paying costs of Rs.1500/- to the paying costs of Rs.1500/- to the 2 respondent respondent respondent within two weeks from today. Upon within two weeks from today. Upon within two weeks from today. Upon payment payment payment of costs, the appeal shall stand restored. of costs, the appeal shall stand restored. of costs, the appeal shall stand restored. (S.A.Bobde, (S.A.Bobde, (S.A.Bobde, J) J) J)