2 ca3017.11 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 3017 OF 2011 IN FIRST APPEAL NO. 553 OF 2006 (KAUSHABAI DNYANOBA YADAV (DIED) LRS SHRIRAM GYANOBA YADAV VERSUS UNION OF INDIA) Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : R.M. BORDE, J. DATED : 04.07.2011 Shri P.S. Agrawal, Advocate for the applicant. Shri M.N. Navandar, Advocate for the respondent. 1. This is an application seeking restoration of the matter and for setting aside order passed by this Court on 04.08.2008 as well as condonation of delay of 820 days occurred in presenting the application. 2. It is informed that on account of death of the Counsel appearing for the appellant, the notice was served to the appellant. However, the appellant did not appear and further steps could not be 2 ca3017.11 taken. As such the matter came to be dismissed for non-prosecution. After the applicant came to know about the dismissal of the appeal, he approached the Court and presented the application. 3. Considering the facts and circumstances of the case, I deem it appropriate to allow the application and set aside the order passed by this Court on 04.08.2008 and restore the appeal to its original number. The delay of 820 days occurred in presenting the application stands condoned. The applicant to remove office objection within two weeks from today. 4. On payment of Bhatta, issue notice to the respondents, returnable four weeks thereafter. [R.M. BORDE, J.] snk/2011/JUL11/ca3017.11