1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1294 OF 2008 IN SECOND APPEAL NO.429 OF 1990 Smt.Mhalsabai Dagu Gadak : Applicant. versus Runja Khandu Gaware since deceased through his legal heirs and representatives 1) Bajirao Runja Gaware & ors. : Respondents. Shri M.S.Karnik for the Applicant. Shri Kishor Patil i/by Shri P.N.Joshi for the Respondents. CORAM : R.M.SAVANT, J DATED : August, 08, 2008 P.C. 1. By the above Civil Application, the Applicant prays for restoration of the above Second Appeal which has been dismissed for default on 10.1.2008 and for condonation of delay in filing the above Civil Application for restoration of the Second Appeal. 2. Shri Kishor Patil i/by Shri P.N.Joshi, the learned counsel 2 appearing for the Respondents submits to the orders of the Court. 3. Hence for the reasons stated in the above Civil Application, the same is allowed in terms of prayer clauses (a) and (b). Since the above Second Appeal was dismissed for non-prosecution when it was listed for final hearing, place the above Second Appeal for final hearing in the week commencing from 25th August 2008 to be shown on the Final Hearing Board at its appropriate place. The above Civil Application is accordingly disposed of. [R.M.SAVANT, J]