1 20.cas-401-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION jmi CIVIL APPLICATION NO. 401 OF 2010 IN SECOND APPEAL NO. 433 OF 2004 WITH CIVIL APPLICATION NO. 639 OF 2008 WITH CIVIL APPLICATION NO. 640 OF 2008. Jagannath Baburao Jagtap. ..Applicant. vs. Rajendra Baburao Wable. ..Respondent. .... Mr. P.B. Kakade, for Applicant. Mr. A.P. Kulkarni, for Respondent. .... CORAM : G.S. GODBOLE, J. DATE : 26TH AUGUST 2011. P.C. : Heard Mr. Kakade, for the Applicant and Mr. Kulkarni for the Respondent. The Civil Applicant seeks restoration of the Second Appeal which was dismissed for default, prior to Admission, by order dated 9th June 2005 along with Civil Application No. 404 of 2004 for stay. The averments in the Civil Application show the absolute callous attitude of the Advocates of Applicant which is clear from the averments in paragraphs 6 and 9 of the Civil Application. It is however true that Civil Application No. 640 of 2008 was allowed to be withdrawn with liberty to file appropriate Civil Application. 2. In view of this and since even notice had not been issued in the Second Appeal, in the interests of justice and with a view to ensure that the Applicant, who is an agriculturist and senior citizen, does 2 20.cas-401-10 not suffer on account of the mistake of his Advocate, the Civil Application is allowed in terms of prayer clauses (a), (b) and (c), subject to payment of costs of Rs.3,000/- to the Respondent to be paid within two weeks from today. Payment of costs will be a condition precedent for restoration and if costs are not paid/deposited, this Civil Application to stand dismissed without further reference to court. The payment of cost to the Advocate for the Respondent will amount to sufficient compliance. 3. If costs are paid/deposited and all objections in the Second Appeal are removed, list the Second Appeal for Admission on 13th September 2011. [ G.S. GODBOLE, J. ]