1 caf1739 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.1739 OF 2011 IN FIRST APPEAL NO.2614 OF 2007 Vijaykumar Dattatraya Shetye ...Applicant vs. Ravindra Shankar Mahakal & Anr. ...Respondents Mr.R.K.Singh for the applicant Mr.Chetan Damle i/b Mr.D.N.Salvi for the respondent no.1 Mr.Rajesh More for respondent no.2 CORAM : A.S.OKA,J. DATE : MAY 5, 2011 P.C.: 1 Heard learned counsel for the applicant, learned counsel for the first respondent and the learned counsel for the second respondent. The application is opposed by the learned counsel for respondent nos.1 and 2. 2 The appeal has been dismissed due to failure of the appellant to file paper book within the stipulated time. In view of the averments made in the application, a case for restoration is made out. Even the civil application for interim relief will have to be restored. However, ad- interim relief is not restored as the respondents will have to be heard. 3 Hence, I pass the following order : i) Appeal is restored subject to condition that the compliance will be made with the conditional order dated 4th March 2008 within a period of six weeks from today. On failure to make compliance, order of dismissal of the appeal will stand. 2 caf1739 ii)Civil application no.5748 of 2007 is restored. However, ad-interim relief granted therein is not restored as the respondents will have to be heard in the matter. iii)Restored civil application shall be placed on board after vacation as per the date fixed by the C.M.I.S. JUDGE