1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL APPLICATION NO.2309 OF 2010 IN FIRST APPEAL NO.793 OF 2006 Baburao Tukaram Patil & Anr. .. Applicants V/s Vasant Bapusaheb Chaugule & Ors. .. Respondents Mr.Rahul Singh i/by Mr.P.R.Arjunwadkar for the Applicants. Mrs.Anjali Helekar for Respondent Nos.2 & 5 to 7. CORAM: R.G.KETKAR, J. DATE: 2ND JULY, 2010. P.C.: 1. Heard the learned counsel for the applicants and the learned counsel for Respondent Nos.2 & 5 to 7. The learned counsel for the applicants states that private notice issued by the applicants is refused by the Respondent Nos.3 & 4, and to substantiate this fact, he states that within two weeks from today, he will file the affidavit of service. 2. This application is for condonation of delay caused in filing this application and for restoration of the first appeal. The first appeal was admitted by order dated 24th July, 2006 and the printing was dispensed with. The appellant was directed to file private paper book alongwith the sufficient number of copies thereof within a period of one year from the date of that order. Since the appellant did not file private paper book within the stipulated time, the appeal has been dismissed as per the said order dated 24th July, 2006. 3. The learned counsel for the applicants submits that within a period of four weeks from today he will file the paper book alongwith requisite number of copies thereof . Ms.Helekar, learned counsel for Respondent Nos.2 and 5 to 7 opposes this application. She submits that pursuant to the order dated 24th July 2006 the applicants were to comply with the directions on or 2 before 24th July, 2007. According to her the applicants were not diligently prosecuting the first appeal and that the applicants have not explained the delay caused in filing this application. 4. After hearing the learned counsel for the parties, it is evident that the first appeal was admitted on 24th July, 2006. The appeal has been dismissed in default for non compliance of the direction of filing the private paper book alongwith sufficient number of copies within a period of one year. In my opinion the appeal is required to be restored in the interest of justice for hearing it on merits. If the appeal is not restored the applicants will suffer irreparable hardship & loss, whereas if the appeal is restored, at the highest it will be decided on merits rather than its dismissal on technical ground. Civil application is therefore allowed in terms of prayer clause (a). 5. Applicants are directed to file private paper book within a period of eight weeks from today, failing which the order dated 24th July, 2006 shall stand revived. (R.G.KETKAR, J.)