1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO.4427 OF 2008 IN CIVIL APPLICATION ST NO.7994 OF 2008 IN APPEAL FROM ORDER NO.40 OF 2001 Daulat Gaindal Patil APPLICANT VERSUS Smt. Sojabai Narayan Patil and others. RESPONDENTS .... Mr. S. P. Shah, Advocate for applicant Mr.P.S. Pawar holding for Mr.S. P. Brahme, Advocate for respondent nos.2 and 3. .... (CORAM : K. U. CHANDIWAL, J) DATE :5th January, 2010. ------------------------------ PER COURT : 1. Heard the learned Counsel for the respective parties. There is delay of 330 days in preferring the application for restoration of the appeal, which was dismissed due to non-prosecution. 2. The Counsel informs and not disputed, the appeal was pending before the Principal Bench at 2 Bombay. The appellant could not know the fate of the matter when it was transferred at Aurangabad and could not communicate to the Counsel. In the meantime, the appeal was dismissed because tracing of record has taken its own time. These aspects demonstrate that, there was no deliberate ignorance on the part of the appellant in prosecuting the matter. Consequently, the delay is condoned, the restoration application is allowed. The appeal is restored to its original stage. Considering, the age of the appeal, it will be finally heard on 3rd February, 2010. (K. U. CHANDIWAL) JUDGE gas/ca4427.08