1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2246 OF 2009 IN FIRST APPEAL NO.2869 OF 2006 Shri.Dilip Anant Manjarekar .. Applicant V/s Vijay Shankar Welankar (deceased) through Legal Representatives: 1A.Smt.Sujata Vijay Welankar & Ors. .. Respondents Mr.Arfan Sait for the Applicant. Mr.Swanand Ganoo i/by Mr.M.G.Gawade for Respondent No.1A & 1B. CORAM : R.G.KETKAR, J. DATE : 10th June, 2010 P.C. : 1. This application is for recalling of the conditional order dated 11th January, 2007 and for restoring the First Appeal. Heard Mr.Arfan Sait for the applicant and Mr.Ganoo for the Respondent Nos.1A and 1B. By order dated 11th January, 2007 this Court admitted the above appeal and dispensed with the printing of paper book. The applicant was directed to supply private paper book alongwith the decree forms within a period of one year from the date of that order. It was further made clear that on failure on the part of the applicant to comply with the said condition, the appeal would stand dismissed for want of 2 prosecution without further reference to the Court. 2. After admission of the appeal the record indicates that the R & P was received on 18th April 2007, and since the applicant did not supply the private paper book within the stipulated time, the R & P was sent to the Decree Department, who in turn sent the R & P to the Trial Court by letter dated 15th May, 2009 . 3. The learned counsel for the applicant submits that the earlier Advocate who had filed the appeal unfortunately died sometime in March/April, 2007 and the Applicant thereafter engaged another Advocate who filed his vakalatnama on 18th July, 2007. It is averred in paragraph No.7 that the applicant acquired knowledge of the conditional order on 31st March, 2009 and thereafter the present application was filed in April, 2009. 4. The learned Advocate who has filed appearance on 18th July, 2007 has also given no objection to the present Advocate who has filed vakalatnama on 17th April, 2010. Learned counsel for the Opponent Nos.1A and 1B opposes this application on the ground that the appeal was not diligently prosecuted. Though the conditional order was passed on 11th January, 2007 and the vakalatnama was filed on behalf of the applicant on 18th July, 3 2007, no steps were taken to comply with the conditional order. 5. After hearing learned counsel for the parties, I find that in the interest of justice, the application deserves to be allowed. Hence Civil Application is made absolute in terms of prayer clause (a), with no order as to costs. 6. Since the office has already sent the R & P under letter dated 15th May, 2009, to the trial Court, it is necessary to call for R & P. Office is accordingly directed to call for the R & P forthwith. 7. After receipt of R & P, the applicant shall ensure that the private paper book is filed within a period of four weeks thereafter. 8. List the appeal for directions after two weeks. (R.G.KETKAR, J.)