1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CIVIL APPLICATION (o) NO: 5038 /2008 IN M.C.A.(ST) NO. 17947/2007 (R) IN SECOND APPEAL NO. 453 /2003 (Manikrao Deshmukh vs.Devidas Joshi ) .................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr. D A Mahajan , Adv.for applicant/s CORAM : A.P. BHANGALE, J. DATED : July 21, 2010. Heard. By this application, the applicant prays for condoantion of delay in filing an application for restoration of Second Appeal. According to learned Advocate although respondent is served, nobody appears on his behalf. He, therefore,prays for condonation of delay of 203 days. For the reasons stated in the application which remained uncontroverted, delay is condoned. Application is allowed. M.C.A. By this application the applicant prays for restoration of Second Appeal No.453/2003 on the ground that counsel concerned had misplaced some documents and thereafter he had suffered fracture and was advised rest while undergoing medical treatment. Under these unavoidable circumstances, the appeal could not be prosecuted. 2 For the reasons stated in the application, the Application is allowed since the averments made in the application remained uncontroverted. JUDGE Sahare