( 1 ) C.A.No.4191/2010 & C.A. Stamp No.2691/2010 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE, BENCH AT AURANGABAD. Civil Application No. 4191 of 2010 (In Civil Application Stamp No. 2691/2010) WITH Civil Application No. of 2010 ( Stamp No. 2691/2010 ) (In Second Appeal No. 88 of 2007) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders .............................................................................. Mr. K.N. Lokhande, Advocate, holding for Mr. B.V. Wagh and Mr. M.A. Bagwan, Advocates, for the applicants. Mr. S.S. Halkude, Advocate, for respondent nos.1 and 2. .............................................................................. CORAM : K.U. CHANDIWAL, J. DATE : 1ST APRIL 2010 1. Office to register Civil Application Stamp No. 2691/2010 as Civil Application. 2. The non-prosecution of the Second Appeal has landed the appellant to face dismissal. Though the conduct of the appellants in prosecuting the matter is not ( 2 ) C.A.No.4191/2010 & C.A. Stamp No.2691/2010 Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders happy, as it has the sting of absence even after notice. However, considering the stake involved, in relation to the immovable property / house, the delay of 161 days caused in filing Civil Application for restoration is condoned. The order dated 21-7-2009 is set aside. The appeal be restored to its original position. 3. The Counsel for the respondents waives service after restoration. The Counsel for the appellants shall pay Rs. 2,000/- (Rupees two thousand) as costs to the respondents. 4. The Civil Applications are allowed in the above terms. ( K.U. CHANDIWAL ) JUDGE bgp/ca4191