Heard learned counsel for the parties. Learned counsel for the petitioners submitted that on 19.6.2012 his appeal was dismissed in default as he could not appear before the State Commission as Circuit Bench was not functioning whereas learned counsel for respondents submitted that petitioner was intentionally lingering on the matter for five years to avoid execution of the District Forum orders. Perusal of the order reveals that from July 2007 to July 2010, counsel for the petitioners was present on each and every date and on some dates, counsel for respondents was also present. In such circumstances, it cannot be said that petitioner was lingering on the matter for five years. No doubt on 19.6.2012, petitioner was not present and hence his appeal was dismissed in default which should be restored for the reasons mentioned in petition. Consequently, revision petition is allowed and impugned order of learned State Commission dated 19.6.2012 in F.A. No.A/07/257 in the case of P.K. Builder & Developers Vs. Sh. Nilmani Jyotiram Dhurve and Ors. is set aside subject to payment of Rs.5,000/- as cost payable to respondent and appeal is restored to its original number. The matter is remanded back to the State Commission for disposing it on merits after giving opportunity of being heard to both the parties. Parties are directed to appear before the State Commission on 22.11.2012. The State Commission is expected to dispose of the appeal at the earliest as it is a very old matter.