1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1160 OF 2008 IN SECOND APPEAL NO. 591 OF 1990 Shankar Dattu Gosavi .. Applicant V/s. Smt.Sonabai Dattu Gosavi & Ors. ..Respondents Mr.P.R.Arjunwadkar i/b. Mr.M.D.Angol for the Appellant/Applicant. Mr.Gautam Kumar i/b. Mr.S.G.Deshmukh for Respondent Nos.1 to 4. Mr.S.G.Page for Respondent No.6. CORAM : R.M.SAVANT, J. DATED : 5TH SEPTEMBER, 2008. P.C. By the above Civil Application, the Applicant prays for restoration of the above Appeal which has been dismissed in default on 31st August, 2005 on account of the non-appearance of the Advocate for the Appellant on the said day. 2 2. The reasons for the non-appearance of the Advocate have been mentioned in the above Civil Application. Hence, for the reasons stated in the Civil Application, the same is allowed in terms of prayer clause 'a'. 3. In view of the fact that almost two years have elapsed since the appeal has been dismissed for non-prosecution, issue notice to the Respondents excluding Respondent No.6 returnable in six weeks. Notice to indicate that the Appeal is fixed for final hearing in the week commencing 15th December, 2008. [R.M.SAVANT, J.]