1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR M. C. A. NO. 41 OF 2011 IN SECOND APPEAL NO. 371 OF 2006 [Ratanji Dongarji Patel thr L.Rs. Smt. Kali wd/o Ratanji Patel & Ors. Vs. Sardar Harbansingh Atmasingh thr L.Rs. Charanjeet Singh Khurana] Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's Orders Shri S. P. Kshirsagar, Adv for applicant. Shri S. K. Choube, Adv for non applicant/respondent. CORAM: .R. M. SAVANT J. Dated: 18 th JANUARY, 2011. The above application is filed for restoration of the appeal which was dismissed for non prosecution on account of the fact that no appearance was put up on behalf of the applicant on 09.07.2008, it appears that on an earlier occasion also when the Second Appeal was listed, the appellant went unrepresented. It is required to be noted that the application for condonation of delay in filing the above application has already been allowed and the delay has been condoned. In my view though there is some opposition on the application being granted by the learned 2 counsel appearing for the respondents, interest of justice requires that the above application be allowed and is therefore accordingly allowed. Second Appeal is restored to file. List the appeal for admission on 03.02.2011. Civil Application is accordingly disposed of. Shri Choube learned counsel waives notice on behalf of all the respondents in the Appeal. JUDGE svk 3 4 5