IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Second Appeal No. 72 of 2001 (Old No. 1289 of 1978) Matwar Singh & Anr. …………………..Appellants. Versus Jawahar Singh & Anr. ………..……..Respondents. Sri B.S. Negi, Advocate for the Appellants. Sri R. Dobhal, Advocate, for the Respondents. Hon’ble Prafulla C. Pant, J. Sri B.S. Negi, Advocate, present for the appellants. Sri R. Dobhal, Advocate, present for the respondents. (2) This is Review / Recall Application No. 818 of 2008, for review of order dated 01.04.2008, passed by this Court, whereby Delay Condonation Application No. 1590 of 2008 and Restoration Application No. 303 of 2008 are rejected. (3) Heard. (4) The Second Appeal No. 72 of 2001 (Old No. 1289 of 1978) was filed before Allahabad High Court on 22.04.1978. After the appeal is received to this Court, notices were issued to the parties. The appeal was dismissed for non-prosecution firstly on 25.09.2002, but the appellants got it restored on 16.09.2004. Again, when the case was listed on 08.03.2007, no-one appeared on behalf of appellants and the appeal was again dismissed for non-prosecution. Once again the restoration application was moved and the Second Appeal No. 72 of 2001 was restored on 12.03.2007. However, for the third time when the appeal was listed on 27.04.2007, there was none present on behalf of appellants and for the third time the 2 appeal was dismissed for non-prosecution. Thereafter, more than 300 days passed when the appellants once again woke up to move the Restoration Application No. 303 of 2008 with Delay Condonation Application No. 1590 of 2008. After hearing the parties, the delay condonation application was rejected and restoration application too was rejected. (5) Having heard learned counsel for the parties, this Court does not find any error apparent on the face of the record in dismissing the Restoration Application No. 303 of 2008 with Delay Condonation Application No. 1590 of 2008, which requires exercise of review jurisdiction. In the above circumstances, the Review Application No. 818 of 2008 and Delay Condonation Application No. 4379 of 2008 are dismissed. (Prafulla C. Pant, J.) 18.07.2008 NS