1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION NO. 1156 OF 2007 Sukhdeo M. Wankhede vs. Pralhad Mahalle through LRs Ramdas & Ors. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. FEBRUARY 05, 2008. Heard Shri Patil, Advocate holding for Shri Kothale, Advocate for the applicant and Shri Khatti, Advocate for the respondents. The earlier orders of this Court are complied with. It appears that Second Appeal has been dismissed in default and then restoration application was also dismissed. The said restoration application was sought to be revived but that was also dismissed. On all occasions, costs were imposed and this Court specifically found that dismissal was not on the account of any fault of the applicant but fault of learned Advocate. The learned Advocate has stated that matter was through Legal Aid. Shri Khatti, Advocate is opposing the restoration. However, in these circumstances, I find that it would appropriate to give an 2 opportunity of arguing the matter to the applicant. In the circumstances, Second Appeal No. 66 of 2003 is restored back to file by recalling the order dated 16.7.2007 by which it was dismissed in default. Shri Patil, Advocate states that Second Appeal will be argued for admission on 11.2.2008. Shri Khatti, Advocate has no objection if the Second Appeal is listed for admission on 11.2.2008. In the circumstances, Second Appeal is restored and office to list the Second Appeal on 11.2.2008 for admission. The respondents are at liberty to withdraw the cost deposited by the appellant/ applicant. JUDGE *GS.