1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 11786 OF 2010 IN SECOND APPEAL NO. 70 OF 2003 1. Ananda Bhavdu Kalan and others .. Applicants Versus Pandu Bhavdu Kalan .. Respondent Shri P. F. Patni, Advocate for Applicants. Shri K. G. Khadar, Advocate for the Respondent No. CORAM : S. V. GANGAPURWALA, J. DATE : 03RD SEPTEMBER, 2010. PER COURT : . The present civil application is filed for recalling the order dated 01.02.2008, dismissing the appeal on account of non supply of paper book and decree form. Mr. Patni, learned counsel for applicants states that the conditional order was passed by this Court on 01.02.2008 and due to inadvertence, the said order could not be noticed by him. Pursuant thereby he could not file the paper book. Shri Khadar, learned counsel for respondents 2 vehemently opposed the civil application and submits that there is inordinate delay in filing the civil application. 2. The second appeal has been admitted. The second appeal involves valuable rights of the parties regarding immovable property. It would be desirable to hear the appeal on merits. In the light of the same, the delay in filing the civil application is condoned and the order dated 01.02.2008 is recalled. The appeal is restored to its original position on condition that the applicant pays cost of Rs. 1,500/­ to the respondent within a period of six weeks from today. The civil application is disposed of. [S. V. GANGAPURWALA, J.] bsb/Sept.10