(Per : HONOURABLE MR.JUSTICE C.L. SONI)
1. This application is filed for restoration of the first appeal.
2. We find that the first appeal was dismissed for non-prosecution by order dated 11.01.2008. At the relevant time, the applicants have not removed the office objections and the applicants have filed Misc. Civil Application (Stamp) No.3374 of 2008 immediately for restoration of the first appeal. However, since the copy of the order dismissing the first appeal for non-prosecution was not placed on record, the said application was disposed of with liberty to the applicants to move another application for restoration of the first appeal.
3. In this application, the applicants have made out sufficient grounds for restoration of the first appeal. We are, therefore, inclined to allow this application.
4. Accordingly, the application is allowed. First appeal is restored to file. The applicants shall remove the office objections within a period of two weeks, failing which the same shall again stand dismissed for non-prosecution.
(AKIL KURESHI, J.) (C.L. SONI, J.) Hitesh Top