-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. C.A.O.NO. 86/2009 IN M.C.A.ST.NO. 849/2009 ( Vinay Nilkanthrao Vitonde -versus- Gopalrao Latare ) ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram appearances, Court's orders or Directions Court's or Judge's Orders. And Registrar's Orders. ----------------------------------------------------------------------------------------------------------------------------------- CORAM : B.P.DHARMADHIKARI, J. DATED : FEBRUARY 26, 2009. Prayer in M.C.A.St.No. 849/2009 is to restore Second Appeal No. 420/2002, dismissed in default on 19.03.2008 for not filing paper book and prayer in present Civil Application is to condone delay of 272 days in filing the said M.C.A. Stamp. Advocate Shri D.K. Dubey, states that paper book can now be filed and he states that as the conditional order was not noticed, appeal came to be dismissed in default. Prayer for restoration is being strongly opposed by Advocate Shri Khubalkar, who points out that the respondent is senior citizen and decree for specific performance has been stayed by this Court. The Second Appeal was admitted on substantial questions of law in the year 2002. In the -2- circumstances, the same is restored back to file in the interest of justice, as I do not find any malafides in the matter. However, considering the fact that respondent is senior citizen, after the paper book is filed, office to list the matter for final hearing from the category of senior citizen. Civil Application and Misc. Civil Application stands allowed accordingly. JUDGE Rgd.