1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR M.C.A. NO.946/2009 IN First Appeal No. 105 /2005 (Kashibai Mulchand Paliwal & another VERSUS Hargovind Babulal Paliwal thr. L.R.’s.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.Bhattad, counsel for the applicants. CORAM : SMT. VASANTI A. NAIK, J. DATE : AUGUST 14, 2009. I have perused the record in First Appeal No. 105/2005. On hearing Shri Bhattad, the learned counsel for the applicants and on perusal of the record, it is clear that due to an inadvertent mistake by the Office, the appeal was wrongly dismissed in default in view of the order passed by this Court on 31.03.2008, though the applicants had filed the private paper book within the stipulated time. Since the first appeal is wrongly dismissed in default, it is not necessary to issue notice to the respondents on this civil application. As I have perused the record and have found that the private paper book is filed by the applicant on 08.01.2007 only. The application is, therefore, allowed. The order dated 31.03.2008 is hereby set aside. The appeal is restored to file. 2 It is needless to state that since this appeal is restored to file, the stay granted by this Court on 16.01.2006 would operate during the pendency of the first appeal. The respondents may be only intimated by a notice that the appeal has been restored and the stay is operational. Authenticated steno copy of this order be furnished to the learned counsel for the applicant. JUDGE APTE