1 HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION. CIVIL APPLICATION NO.906/2009 IN FIRST APPEAL No.554/1999 Suyog Vasudeo Bachuwar. ..Applicant -VERSUS- Shridhar Chandrayya Bachuwar and others. ..Respondents ......... Ms.C.S.Radia, Advocate for the applicant. Ms.P.V.Thorat, Advocate for the respondents. .......... CORAM : A.P.DESHPANDE, J. DATED : 17TH FEBRUARY, 2009. P.C. : 1. By the present application, two prayers are made one for condonation of delay in filing the application for restoration of the application for bringing the legal heirs of the deceased respondent No.1 on record. Though the appeal has been dismissed against the respondent No.1 by the order dated 04.09.2001, but it is surviving against the other respondents and is pending. 2. This Court by the order dated 23.11.2007 made the notice returnable on 07.02.2008 and it was directed that in addition to service of notice through the Court, the applicant shall serve a private notice and shall file affidavit of service before the returnable date. The 2 order further provides that in absence of the compliance, the application shall stand dismissed for non-prosecution without further reference to the Court. On failure to comply with the order dated 23.11.2007, the application came to be dismissed on 07.02.2008. Hence the present application. 3. The learned counsel for the applicant/appellant submits that the present Advocate was engaged sometime in the year 2006. However, when the matter was listed before the Court on 23.11.2007 the name of the earlier Advocate was displayed on the cause list. It appears that one Mr.Humne, Advocate had appeared for the applicant. 4. However, the learned counsel for the respondents strongly opposes the application by submitting that the applicant is guilty of delay and latches in taking timely steps for proper prosecution of the appeal. She submits that in the event if the application is restored the same should be subject to the payment of cost. 5. Having regard to the totality of the facts and circumstances, I allow the present application. The delay is condoned. The order dated 07.02.2008 is set aside. Civil Application No.3076/2003 is restored to the file, however, subject to the payment of cost of Rs.1,000/- (Rupees One Thousand) by the applicant/appellant to the respondents. JUDGE