1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 565 OF 2009 IN SECOND APPEAL NO. 723 OF 2000 Tukaram Maruti Yadav & anr........Applicants versus Smt. Kondabai Bhikaji Sankpal ........ Respondent. Mr. N.P.Deshpande adv. for the Applicants Mr. P.P. More i/b K.K. Waghmare & M.M. Shah adv. for the respondent CORAM: A. P. DESHPANDE, J. DATED : 31st MARCH, 2009. P.C.: 1. There is a delay of 48 days in filing the present application for setting aside the order dated 17-12-2008 dismissing the appeal on account of absence of the counsel for the appellant. It is stated that the advocate conducting the appeal happened to be a lady lawyer from Pune who used to attend this court at Bombay. It is then stated that suddenly the board collapsed and unexpectedly this second appeal was taken up for hearing. Hence a prayer for restoration is made. The reason is not very convincing. However, in the interest of justice the application is allowed. Delay is condoned. Order dated 17-12-2008 is set aside. Appeal stands restored to file. To be listed for final hearing on 1-4-2009as the appeal is stated to be covered by Full Bench judgment. 2 (A. P. DESHPANDE, J.)