1 ca63-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.63 OF 2011 IN SECOND APPEAL NO.628 OF 1989 Shahabuddin Akabar Mulla ..Applicant. V/s. Krishna Bapu Phonde ..Respondent. Mr. Bhushan Walimbe for the applicant. Mr. Atul Kore h/f Pratap Patil for the respondent. CORAM : J.P. DEVADHAR, J. DATED : 9TH JUNE, 2011 P.C. :- 1. This Civil Application is filed seeking restoration of the Second Appeal No.628 of 1989 which was dismissed for non appearance of the parties on 18/6/2008. Admittedly, neither the appellant nor the respondent had appeared before the Court on 18/6/2008 and admittedly, the appellant continues to be in possession of the property which is the subject matter of the Second Appeal. In these circumstances, in my opinion, it would be just and proper to condone the delay and restore the appeal to the file, which was dismissed for default on 18/6/2008. Accordingly, Civil Application is made absolute in terms of prayer clause (a) with no order as to costs. (J.P. DEVADHAR, J.)