FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE, BENCH AT AURANGABAD. Civil Application No. 2767 of 2010 (In Writ Petition No. 7289 of 2004) (Deelip s/o. Vitthalrao Khadiwale Vs. The State of Maharashtra & others) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders .............................................................................. Mr. S.S. Thombre, Advocate, for the applicant. Additional/Assistant Government Pleader, for respondent nos.1 and 2. Mr. V.D. Hon, Advocate, for respondent nos.3 and 4. .............................................................................. CORAM : A.P. DESHPANDE & N.D. DESHPANDE, JJ. DATE : 10TH MARCH 2010 1. By the present application, twofold prayers are made, one for condonation of delay in filing the application for restoration of petition and for restoration of petition which came to be dismissed for non-prosecution on 10th June 2009, as the Advocate for the petitioner remained absent on 9-6-2009, so also, on 10-6-2009. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders 2. It is stated in the application, that inadvertently and because of oversight, the Advocate for the petitioner did not notice the case on the cause list and hence, could not remain present when the matter was called out. He submits that the client ought not to be made to suffer for the mistake of the Counsel. 3. Having regard to the nature of relief claimed in the petition and in the light of the reason assigned for non- appearance, we condone the delay and restore the Writ Petition, in the interest of justice. 4. The Civil Application is accordingly allowed. 5. The petition be listed for admission on 15th March 2010. (N.D. DESHPANDE) (A.P. DESHPANDE) JUDGE JUDGE bgp/ca2767