1 HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION. CIVIL APPLICATION NO.965/2009 IN FIRST APPEAL NO.743/2000 Nisar Abdul Aziz Attar and others. ..Applicants/Appellants -VERSUS- Abdul Karim Abdul Aziz Attar and others. ..Respondents ......... Mr.D.M.Gupte, Advocate for the Applicants/Appellants. Mr.R.V.Govilkar, Advocate for the Respondent No.1. .......... CORAM : A.P.DESHPANDE, J. DATED : 02nd APRIL, 2009. P.C. : 1. By the present application, the Applicants/Appellants are seeking restoration of the first appeal on the ground that the same has been wrongly dismissed, purportedly for non compliance of the order dated 20.06.2008. 2. In the submission of the learned counsel for the Applicants, Civil Application No.689/2003 was listed before the learned Judge on 20.06.2008 and conditional order was passed on the said application for taking steps and failing which, instead of directing 2 dismissal of the Civil Application, the order directs dismissal of the first appeal. The mistake is apparent. 3. The learned counsel for the Respondents also does not oppose restoration of the appeal. 4. In the result, the delay is condoned. The appeal stands restored to file. The application is allowed and disposed of. JUDGE