1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 163 OF 2010 IN LETTERS PATENT APPEAL NO. 176 OF 1995 IN FIRST APPEAL NO. 717 OF 1977 Shri Jagannath Sobharam Bhatt ...Appellants. Deceased through heirs 1a.Smt. Padmavati Pravinchandra Thaker . Vs. Shri Keshav Ramji Shinde since deceased through his heirs & rep. 1a.Gangabai Keshav Shinde & Ors. ...Respondents. ..... Mr. P..S. Dani, for the Appellants. Mr. R.B. Parab, for the Respondent Nos.1A and 1C. ..... CORAM : J.N. PATEL, Acting C.J. & S.C. DHARMADHIKARI, J. DATE : 15thJUNE, 2010. P.C. 1] This is an application to recall Order dated 10.2.2004 by which four weeks time was granted to supply paper book, failing which the matter to stand dismissed without further reference to the Court. 2] Shri Dani, appearing on behalf of the Appellant has pointed that inadvertently and by mistake on the part of Appellant’s Advocate, paper book could not be supplied and even order of dated 10th February, 2004 was noticed after considerable delay. 3] Having heard parties, we are of the view that due to mistake made by the Appellant’s Advocate, the Appellant should not suffer, the 2 delay in making the Application for Recall of the Order dated 10.2.2004, is condoned subject to payment of cost to Respondent Nos.1A and 1C, quantified at Rs.1500/-, within two weeks. 4] Perused the Application. For the reasons set out therein, the conditional Order is set aside. Appeal is restored to file of this Court. The Appellant to supply the paper book within a period of four weeks from today. (ACTING CHIEF JUSTICE) (S. C. DHARMADHIKARI, J.)