1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3697 OF 2009 IN FIRST APPEAL NO. 426 OF 2006 Kusum Morarji Karia .. Applicant (Orig. Plaintiff) Vs. The Municipal Corporation of Greater Bombay & Anr. .. Respondents (Org.Defendants) Mr. H.S.Venegavkar i/b Mr. Rajendra D.Sawant, Advocate, for the applicant. Mr. Vinod Mahadik, Advocate, for the respondent No.1. BMC CORAM: J.H.BHATIA,J. DATE : 14th September, 2009. P.C. 1. Heard the learned Counsel for the applicant and respondent No.1, who is the contesting party. 2. First Appeal No.426 of 2006 was admitted by order dated 4.4.2006. By the same order, the appellant was directed to submit a private paper book within one year, failing which the appeal will stand dismissed. Due to failure to file paper book within the stipulated period in view of the conditional order, the appeal came to be dismissed. 2 3. The learned Counsel for the appellant makes a statement that the appellant will file private paper book within two weeks from this day. In view of this statement, the Application is allowed and the Appeal is restored to file subject to the filing of the paper book within two weeks from this day. If the paper book is not filed, then this Application shall be deemed to have been rejected. Application stands disposed of. (J.H.BHATIA,J.)