1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 5308 OF 2008 IN FIRST APPEAL NO. 1179 OF 1997 Sardar Rajinder Singh Kartar Suingh Sahni........Applicant versus Sardar Vajinder Singh Kartar Singh & arn........ Respondents. Mr. A Dasgupta adv. h/f M/s. Jhangiani Narula & Ass. for the Applicants Ms. R.C. Nichanni adv. for the respondent no.1. Mr. R.C. Sequira for respondent no.2. CORAM: A. P. DESHPANDE, J. DATED : 7th JANUARY, 2009. P.C.: 1. By the present application a prayer is made for recalling the order dated 7th October 2008 whereby the appeal came to be dismissed for non prosecution on account of absence of the counsel for the appellant. The reason for the counsel to remain absent has been stated in para 2 of the application and the same is that, because of oversight, the clerk could not notice that the matter would be called out. The appeal is pending since 1997. In the interest of justice and for the reasons stated in the application, the application is allowed and impugned order is set aside. The appeal is restored to file. The appeal be listed in the final hearing board in the week commencing from 18-1-2009. (A. P. DESHPANDE, J.) 2