1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR C. A. O. 74 OF 2011 IN C. A. O. NO. 1602 OF 2010 [Abdul Khalik Abdul Kadir Vs. Karim Khan Sujan Khan thr L.Rs. Rehmatbee wd/o Karim Khan & Ors.] Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's Orders Shri V. M. Deshpande, Adv for applicant. Shri A. D. Vyawahare, Adv for non applicant/respondent. CORAM: .R. M. SAVANT J. Dated: 14 th JANUARY, 2011. Heard Shri Deshpande, the learned counsel for the applicant. Shri A. D. Vyawahare the learned counsel appears for respondents 1-a to 1-d. The above civil application has been moved pending consideration of the application C. A. O. No. 1602 of 2010 which has been filed for condonation of delay in filing application for restoration. C. A. No. 74 of 2011 has been moved in view of the urgency in the matter as the execution proceedings for executing the decree in question are sought to be proceeded with. The Second Appeal was admitted on 22.09.2008 and was pending 2 hearing and final disposal when it was dismissed for default on account of non filing of the Private Paper Book. Civil Application is therefore allowed. The execution proceedings are resultantly stayed pending consideration of the application 1602 of 2010 for condonation of delay in filing the restoration application. Civil Application is accordingly disposed of. JUDGE svk 3 4 5