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. 1919 OF 2008 CIVIL APPLICATION NO. 1919 OF 2008 CIVIL APPLICATION NO. 1919 OF 2008 IN IN IN SECOND APPEAL NO.166 OF 1998 SECOND APPEAL NO.166 OF 1998 SECOND APPEAL NO.166 OF 1998 Dattatrya Narayn Aher (Since deceased through his LR’s) Smt.Makitreyi Dattatrya Aher & Ors. .. Applicants Vs. Bhaskar Narayan Aher .. Respondent Ms.Jai Mhaskar i/b.Mr.G.S.Godbole for the Applicants. Mr.M.M.Sathaye for the Respondent. CORAM : A.P.DESHPANDE, J. CORAM : A.P.DESHPANDE, J. CORAM : A.P.DESHPANDE, J. DATED : 17TH JANUARY, 2009 DATED : 17TH JANUARY, 2009 DATED : 17TH JANUARY, 2009 P.C. P.C. P.C. . Bythe present application, the applicant prays for restoration of the Appeal which was earlier dismissed. The Appeal has been dismissed for default on account of absence of the counsel for the Appellant. For the reason stated in the Application, the same is allowed. The order dated 12th November, 2008 is set aside and the Appeal is restored to file. 2. The Appeal be listed for final hearing in the week commencing from 26 January, 2009. 2 3. It is made clear that the interim order operating earlier stands restored. (A.P.DESHPANDE, J.) (A.P.DESHPANDE, J.) (A.P.DESHPANDE, J.)