( 1 ) C.A.No. 11676/2009 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE, BENCH AT AURANGABAD. Civil Application No. 11676 of 2009 (In Civil Application Stamp No. 23204/2009) (In Civil Application Stamp No. 2606/2006) (In Second Appeal No. 169 of 2006) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders CORAM : K.U. CHANDIWAL, J. DATE : 26TH MARCH 2010 1. Heard Mr. C.V. Thombre, learned Counsel appearing for the applicants. 2. The office note shows respondents are served, however, no participation. 3. The Second Appeal came to be dismissed for want of prosecution on 12th February 2007. The Counsel submits that appeal was pending for admission. A Civil Application for ( 2 ) C.A.No. 11676/2009 Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders setting aside the said order dated 12-2-2007 was moved. However, it was also not prosecuted and again the appellants faced dismissal of such Civil Application by order dated 12th June 2009. The appellants contemplate the order of dismissal of application came to his knowledge on 20th September 2009 and thereafter the second application for restoration is moved and delay is of 92 days. 4. Normally leniency is shown while entertaining the application for restoration. However, this is a case demonstrating recklessness on the part of the appellants. The matter was consciously within the knowledge of the Counsel for the appellants, however, it was left unattended. The situation is precipitated by further absence. No ( 3 ) C.A.No. 11676/2009 Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders interference in the order of dismissal, in the facts, is desired. Consequently, the Civil Application is dismissed. ( K.U. CHANDIWAL ) JUDGE bgp/ca11676