1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 3874 OF 2010 IN SECOND APPEAL NO. 921 OF 2006 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : P.R. BORKAR,J. DATED : 29.07.2010 1. Heard Adv. Shri R.P. Dhase for the applicants and Adv. Mrs. A.N. Ansari for respondent No.1. This is an application for condonation of delay of two days and for restoration of Second Appeal, by recalling the order passed on 07.01.2010. It is clear from the order dated 07.01.2010 that the advocate for the appellant had expired and therefore notice was served on the appellant for engaging another advocate or appear in person. Inspite of notice, there was no participation by the appellant and therefore the Second Appeal was dismissed. It is stated in the application that the applicant was under wrong impression and therefore did not take any steps. 2 2. The second appeal is already admitted. The original suit was for partition and separate possession. In the circumstances of the case, the application is allowed; delay condoned. The order dated 07.01.2010 is recalled. The Second Appeal is restored to file, on condition that the applicants shall pay costs of Rs. 1000/- (Rupees One Thousand Only) to the contesting respondents, within five weeks. 3. The Civil Application is accordingly allowed and disposed of. [P.R. BORKAR, J.] snk/2010/JUL10/ca3874.10