1 3 caf.2843.10 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2843 OF 2010 IN FIRST APPEAL NO. 726 OF 2006 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. R.V.Govilkar for the Applicant. Ms. Mamta Sadh i/b Ms.Rohini S. Pandit for Respondent No.1. Mrs. K.K.Soraan for the Respondent No.2 – BMC. CORAM : A.S.OKA, J. DATE : 02 nd May, 2011. P.C. 1 Not on board. Taken on board. 2 Heard the learned counsel appearing for the Applicant and the learned counsel appearing for Respondent No.1 as well as the learned counsel appearing for Respondent No.2. It is stated that Respondent No.3 is dead. 3 The appeal has been dismissed on the ground of non-filing of paper-book. As the appeal is dismissed on technical ground, litigant cannot be blamed and a case is made out for restoration of the appeal. As far as grant of 2 3 caf.2843.10 stay on Civil Application No.2844 of 2010 is concerned, there is opposition by Respondent No.1 and therefore, the said application will have to be heard separately. However, as a result of restoration of the appeal, interim relief which was operating till the date of dismissal of the appeal will have to be restored. 4 Hence, I pass the following order: i. Civil Application No. 2843 of 2010 is allowed in terms of prayer clauses (a) and (b) subject to condition of the Applicant complying with order dated 7 th April, 2006 within a period of eight weeks from today. ii. If compliance is not made within the stipulated time, the order of dismissal of the appeal will stand. [ A.S.OKA, J ]