IN THE HIGH COURT OF BOMBAY AT GOA MISC.CIVIL APPLICATION NO. 899 OF 2009 IN FIRST APPEAL NO. 201 OF 2000 SHRI CAETANO MARTINS ... Applicant Versus DY COLLECTOR (DEV) AND LAND ACQUISITION OFFICER AND ANR ... Respondent Mr. V. A. Lawande, Advocate for the Applicant. Mr. S. R. Rivonkar, Government Advocate for the Respondents. Coram:- R. M. SAVANT, J. Date:- 18th November, 2009 P.C. By the above application, the applicant, who is the original Appellant in First Appeal no. 201/2000, seeks restoration of the said First Appeal which has been dismissed for non-prosecution on 10.12.2008. 2. It appears from the record that the First Appeal had come up for Final Hearing on 04.12.2008 when the learned Advocate who was appearing for the Appellant stated before the Court that he has already given a notice of withdrawal of his appearance to the applicant by registered letter dated 11.07.2008 and that the envelope containing the said notice has been returned unclaimed. The Court hearing the First Appeal, therefore, observed that since the envelope has come unclaimed, the Applicant/Appellant is deemed to have been served and, accordingly, discharged the said Advocate. The Court, however, as and by way of last chance, placed the matter for Final Hearing on 10.12.2008. On 10.12.2008, since none appeared on behalf of the Applicant/Appellant, the said First Appeal came to be dismissed for non-prosecution. 3. It is submitted on behalf of the Applicant that he was not aware of the withdrawal of the appearance by the Advocate engaged by him as the said notice was not received by him nor he was aware of the Order dated 04.12.2008. It was only on 18.02.2009, when he had visited the Advocate's Office, that he became aware of the withdrawal of the appearance by the Advocate and the Order dated 10.12.2008. It is on coming to know of the aforesaid facts, that the instant Misc. Civil Application has been filed for condonation of delay in filing the application for restoration. The delay has been condoned by this Court and which is not disputed by Shri Rivonkar, learned Government Advocate, appearing for the Respondents. 4. In the conspectus of the aforesaid facts, in my view, the application for restoration is required to be allowed and is accordingly allowed. 5. Resultantly, the First Appeal no.201/2000 is restored to file. The Office to place the said First Appeal on the Final Hearing board as per its turn. 6. Misc. Civil Application is accordingly disposed of. R. M. SAVANT, J. arp/*