1 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3591 OF 2008 CIVIL APPLICATION NO.3591 OF 2008 CIVIL APPLICATION NO.3591 OF 2008 (FOR RESTROATION OF FIRST APPEAL) (FOR RESTROATION OF FIRST APPEAL) (FOR RESTROATION OF FIRST APPEAL) IN IN IN FIRST APPEAL NO.4798 OF 2005 FIRST APPEAL NO.4798 OF 2005 FIRST APPEAL NO.4798 OF 2005 (FOR CONDONATION OF DELAY) (FOR CONDONATION OF DELAY) (FOR CONDONATION OF DELAY) IN IN IN FIRST APPEAL NO.8888 OF 2005 FIRST APPEAL NO.8888 OF 2005 FIRST APPEAL NO.8888 OF 2005 IN IN IN LAND REFERENCE NO. 202 OF 1996 LAND REFERENCE NO. 202 OF 1996 LAND REFERENCE NO. 202 OF 1996 Gangaram Ganu Nagurdekar (deceased through LR’s) Ganpati G.Nagurdekar & Ors. .. Applicant V/s. The State of Maharashtra & Anr. .. Respondents Mr.V.P.Patil for the Applicant. Mrs.S.P.Manchekar, AGP. CORAM : R.M. SAVANT, J. CORAM : R.M. SAVANT, J. CORAM : R.M. SAVANT, J. DATE : JULY 8TH, 2008. DATE : JULY 8TH, 2008. DATE : JULY 8TH, 2008. P.C. P.C. P.C. . By the above Civil Application, the Applicant prays for restoration of the Civil Application No. 4798 of 2005, which has been dismissed for default. 2. The reasons cited in the instant application for restoration is that Shri V.P.Patil, the learned counsel 2 appearing for the Appellant suffered a heart attack on account of which he had undergone Ango-Plasty on 1st June, 2006. Shri Patil therefore did not attend the Court and hence, the Civil Application came to be dismissed for default. Miss.Manchekar appearing for the Respondents has no objection to the restoration of the Civil Application for condonation of delay, in view of the reason cited in the above Civil Application. 3. Hence, the Civil Application is allwed in terms of prayer clause (a). 4. Resultantly, the Civil Application No.4798 of 2005 is restored to file. The above Civil Application No.3591 of 2008 is accordingly disposed of. (R.M. SAVANT, J.) (R.M. SAVANT, J.) (R.M. SAVANT, J.)