1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 991 OF 2009 IN SECOND APPEAL NO. 1560 OF 2005 Dnyanu Bapu Mane ... Applicant v/s 1. Smt.Shalan Rajaram Mohite & anr. ... Respondents Mr.A.P.Kulkarni for the applicant. Mr.Ajit Kenjale for the respondent No.1. CORAM: SMT.NISHITA MHATRE, J. DATED: 28TH AUGUST, 2009 P.C.: 1. The civil application has been filed for restoring the second appeal which was dismissed for non-filing of the private paper book as directed by this Court. This Court, while admitting the appeal on 3.4.2006 , had directed the appellant to file the private paper book within six months from that date. 2. The civil application discloses that, it is 2 because of the mistake on the part of the advocate that the private paper book was not filed within time. 3. In my view, the negligence or the mistake on the part of the advocate should not cause a hindrance for the applicant to get justice from this Court. 4. The learned advocate for the respondent No.1 opposes the restoration of the appeal by contending that the respondent No.1 is over 77 years of age and, therefore, by restoring the appeal which was dismissed in 2006, respondent No.1 would be greatly prejudiced. 5. Respondent No.2 has not been served. However, respondent No.1 is the only contesting respondent and she is represented by an advocate. 6. In my view, considering the facts and circumstances of the case, the civil application must be allowed subject to payment of costs of Rs. 2000/- to the respondent Nos.1 within two weeks from today. 3 7. Civil application allowed in terms of prayer clauses (a), (b) and (c). 8. Private paper book shall be filed by Monday, the 31st August, 2009. 9. Place the second appeal on board for hearing in the week commencing from 9.11.2009 in view of the advanced ages of both, the appellant and the respondents. 10. In the event the respondent No.2 is aggrieved by the aforesaid order, she may apply to this Court to have it set aside. ..... 4