1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL APPLICATION NO.5269 OF 2008 AND CIVIL APPLICATINN NO.5270 OF 2008 IN FIRST APPEAL NO.1772 OF 2006 Mr.Shrikant Shantaram Banavalikar .. Applicant V/s Mr.Bal Shantaram Banavalikar & Ors. .. Respondents Mr.M.R.Phal for the Applicant. Mr.A.M.Mody for the Respondents. CORAM: R.G.KETKAR, J. DATE: 2ND JULY, 2010. P.C.: CIVIL APPLICATION NO.5269 OF 2008 1. Heard learned counsel for the parties. By this application, the prayer is made for condonation of delay of 1 year, 7 months & 25 days caused in filing the civil application, and for restoration of the first appeal. The first appeal was admitted by order dated 11th August, 2006 and the printing was dispensed with. Applicant-appellant was directed to file private paper book alongwith sufficient number of copies thereof within a period of six months from that date and it was made clear that on failure of the applicant filing the private paper book the appeal was to stand dismissed without further reference to the Court. Since there was no compliance of the order dated 11th August, 2006 the appeal has been dismissed for want of prosecution. 2. In paragraph No.4 of the application, it is set out that inadvertently and due to oversight the paper book was not filed in time. It is stated by the applicant that if the delay is not condoned the applicant will suffer grave and irreparable hardship & loss, which cannot be compensated in terms of the money. Learned counsel for the applicant states that the paper book alongwith sufficient number of copies thereof is ready and the applicant may be permitted to file the same within a period of one week from today. 2 Mr.Mody, learned counsel for the Respondents submitted that the order dated 11th August, 2006 is self operative as no compliance was made. He further submits that no sufficient case is made out for condoning the delay. 3. After hearing both sides and considering the fact that the appeal is dismissed for non filing of the paper book, in my opinion, interest of justice demands that the appeal deserves to be restored to file for disposal on merits. No reply is filed opposing the application. Moreover, no prejudice would be caused to the Respondents if the appeal is restored and heard on merits, and if the appeal is not restored it will cause grave prejudice and hardship to the applicant. In view of this, civil application is allowed in terms of prayer clauses (a) and (b), with no order as to costs. 4. Applicant shall file private paper book alongwith sufficient number of copies thereof within one week from today and shall serve advance copy of the same on the other side. 5. Civil application No.5269 of 2008 stands disposed of accordingly. CIVIL APPLICATION NO.5270 OF 2008: To be heard alongwith the first appeal. (R.G.KETKAR, J.)