1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 140 OF 2009 IN SECOND APPEAL NO. 104 OF 1999 Manohar Bandu Naik since deceased through L.Rs. Narendra M. Naik ........ Applicant versus Bapu Bandu Naik & ors........ Respondents. Mr. N.V. Bandiwadekar adv. for the Applicant Mr. G. M. Savagove adv. for the respondents 2,4 & 6. CORAM: A. P. DESHPANDE, J. DATED : 23rd JANUARY, 2009. P.C.: 1. By the present application two fold prayers are made: (1) for condonation of delay of 31 days and (2) restoration of the appeal which came to be dismissed for non appearance of the counsel when the matter was called out on 12-4-2008. For the reasons stated in the application, delay is condoned and impugned order is set aside. Appeal is restored to file. Appeal be listed on the final hearing board next week. It is clarified that the interim order operating prior to the dismissal of the appeal as well stands restored. (A. P. DESHPANDE, J.)