ORDER 1. Learned Counsel for the applicant moved instant application for seeking the restoration of above title appeal on the grounds that a petition was filed against the order of recovery issued by Jammu Municipal Corporation alongwith interest and against the sealing of transmission towers done by JMC Jammu. During the pendency of the petition apart compromise was reached between the parties and towers which were sealed were de-sealed by the JMC Jammu. 2. Further stated tat matter was posted for arguments on 29.02.2012 and further that matter was posted on 8.3.2012, the counsel for the applicant was not well on 8.03.2012 and therefore could not appear in the matter on 08.02.02012. Further stated that on 12.03.2012, when the counsel went for taking the next date of hearing , he was surprised to note that after 08.03.2012, the Hon'ble Court was pleased to keep the next date as on 09.03.2012 and on that date the case was dismissed in default of appearance. 3. The matter is on final stage and it will take only one hearing to conclude the arguments. Along side the application for seeking the restoration of land file dismissed in default on 09.03. 2012, filed an application for condonation of delay on the grounds that a family member of the counsel during those days was diagnosed with H CA Lungs, due to which the counsel of the applicant had to be out of town for a period of two months and went to Delhi to get the family member treated by Doctor at Delhi. CA Lung is a dangerous disease and rigorous therapy is required to take care of the disease and counsel of the applicant was under an impression that both the appeals and revision have been dismissed by a common order. 4. Mr. Vinay Chib Advocate has made a statement at bar that non-applicant has no objection in case application is allowed subject to cost. In AIR 1987 S.C-1353, it has been held that "Refusing of condoned delay can resulted in a meritorious matters being thrown out at very thrash hold and cause of justice being defeated than delay is condoned the highest that can happen is that case would be decided on merits after hearing the parties". 5. In AIR 1987 S.C-1353, it has been held that "Refusing of condoned delay can resulted in a meritorious matters being thrown out at very thrash hold and cause of justice being defeated than delay is condoned the highest that can happen is that case would be decided on merits after hearing the parties". 5. In AIR 1998 SC 3222 , it would be statutory guidelines that when Court condones due to latches on part of the applicant, the Court shall compensate the apposite party for his loss. 6. Keeping in view the facts of the case and law of the land, delay is condoned and application for restoration of petition dismissed in default on 9.3.2012 is allowed, subject to cost of Rs. 2000/-. Office is directed to put up the main file before the Court on 7th December, 2013.