1 IN THE HIGH COUT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2879 OF 2009 IN FIRST APPEAL NO. 642 OF 2006 Tolaram Chhotelal Sharma..... Applicant Vs. The Municipal Corporation of Gr. Bombay & ors.... Respondents Mrs. Pratibha Shelke i/b R.A. Thorat Adv. For the applicant Mr. Sunil Singh For the respondents. 2 and 3 Mr. Vinod Mahadik for BMC CORAM : R.G. KETKAR, J. DATE : 9th July, 2010. P.C. : 1. This application is filed for bringing heirs and legal representatives of the respondent no.2 Mohammed Ibrahim, since deceased on record. By letter dated 24-6-2009 learned advocate for respondent no.2 informed the applicant’s advocate about the death of respondent no.2 Mohammed Iobrahim. In view of this C.A. is allowed in terms of prayer clause (a) and (b) with no order as to costs. Amendment to be carried out in two weeks. In C.A. No.1340 1. This application is for condonation of delay in filing the 2 application and also for setting aside the order dated 29-3-2006 passed in the above First Appeal. 2. First Appeal was admitted by this court on 29-11-2006. The applicant herein was directed to file private paper book along with sufficient number of copies thereof from the date of order. It was further clarified that if the paper book is not filed within the stipulated time, the appeal shall stand dismissed for want of prosecution without further reference to the court. 3. The paper book was not filed within time and consequently the appeal stands dismissed. 4. The appeal was admitted after hearing both the sides. There is no interim order in favour of the appellant during the pendency of the appeal. Hence C.A. is allowed in terms of prayer clause (a) and (b). The applicant shall file private paper book with sufficient copies within three weeks from today. It is made clear that in case the applicant fails to comply with the directions within three weeks from today, the order dated 29-3-2006 shall stand revived without further reference to the court. [R.G. KETKAR, J.]