1 ca611-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.611 OF 2011 IN SECOND APPEAL NO.392 OF 2007 Smt. Rozin Anton Veg (deceased) through L.R.'s Smt. Elvin Oswald Vegas & Ors. ..Appellants. V/s. Augustin Lorens Martis (Deceased) through L.R.'s Monica Augustin Martis & Ors. ..Respondents. Mr. P.M. Arjunwadkar for the appellants. Mr. B.G. Vaidya for the respondent Nos.1A to 1C, 2 & 3.. CORAM : J.P. DEVADHAR, J. DATED : 10TH JUNE, 2011 P.C. :- 1. This Civil Application is taken out by the appellants seeking condonation of delay of 3 years and 48 days in filing the Civil Application for restoration of the Second Appeal. 2. While admitting the above Second Appeal on 12/12/2007, this Court directed the appellants to file private paper book within a period of one year failing which the Second Appeal shall stand dismissed for non- prosecution without reference to the Court. As the private paper book was not filed within the stipulated time, the Second Appeal stood dismissed. 2 ca611-11 3. In the present Civil Application, the only reason give for the delay is that due to inadvertence, the private paper book has remained to be filed. The explanation given by the appellant is not satisfactory. However, looking to the fact that even after the dismissal of the Second Appeal the proceedings before the trial Court for partition have not been proceeded with and physical partition by metes and bounds have not been effected, in my view, it would be just and proper to condone the delay subject to payment of costs of Rs.7,500/- to be paid by the appellants to the respondents within a period of two weeks from today. 4. Accordingly, the Civil Application filed by the appellants is allowed subject to the payment of costs of Rs.7,500/- to be paid to the respondents within a period of two weeks from today. Counsel for the appellants undertakes to file the private paper book within a period of two weeks from today. It is made clear that in view of the restoration of the Second Appeal, the interim relief granted on 12/12/2007 stands revived. 5. It is further made clear that if the private paper book is not filed within a period of two weeks from today and if cost is not paid to the respondents within two weeks from today, the Second Appeal shall stand dismissed without further reference to the Court. 6. The Civil Application is disposed of accordingly. (J.P. DEVADHAR, J.)