1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CAO No.551/2010 in Second Appeal No. 644/2006 Baba Deorao Charde Vs. Shalik Marotrao Pande and another. Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. A. S. Manohar, Advocate for the applicant Mr. Morande, Adv. for respondent no.1. CORAM: B.P.DHARMADHIKARI, J. DATE :25TH AUGUST, 2010. Heard the respective counsel. Prayer is to condone delay of two years and 58 days in filing M.C. A. and prayer in M.C.A. Stamp is to restore second appeal. This Court has admitted second appeal. However, the private paper book has not been filed by the appellant as per conditional order passed by this Court, and therefore, the second appeal came to be dismissed. Respondents are opposing the prayer for condonation of delay and restoration of the second appeal. However, I find that the position has not become reverseable. Hence, as there are no malafides on the part of the applicant/appellant, delay is condoned for the reasons disclosed on affidavit. For the same reasons, prayer made in MCA is also granted. Second Appeal No. 644/2006 is restored back to the file.The appellant to file private paper book by 31st October,2010. JUDGE Ambulkar.