1 (CAS387/2011) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.387 OF 2011 IN SECOND APPEAL NO.731 OF 2003 Shri Nagesh Bandu Potdar and others ... Applicants/ Appellants. V/s Smt. Prabhadevi Bapusaheb Kumbhojkar and others .... Respondents. Shri S.R. Kulkarni for the applicants. Shri Dilip Bodake for respondents CORAM: V. M. KANADE, J. DATE : 11th March, 2011 P.C.:- 1. Heard the learned Counsel for the applicants. 2. Shri Bodake who had earlier filed vakalatnama on behalf of the respondents submits that papers are taken away by the respondents. 3. This application is filed by the applicants for recalling the order dated 31/8/2009. By the said order, appellants 2 (CAS387/2011) were directed to comply with the order passed by this court dated 9/7/2009 within a period of four weeks. It was further stated that if the objection is not removed then, in that case, the second appeal to stand dismissed without further reference to the court. 4. The learned Counsel for the applicants submits that when the said order was passed, Counsel for the applicants was not present. He then invited my attention to the order dated 9/7/2009. He submitted that in the operative part of the order it was stated that print and paper-book of the second appeal were dispensed with and the respondents were directed to prepare a paper-book of the second appeal and serve a copy of it on the advocate for appellants. It is submitted by the order dated 31/8/2009, the learned Single Judge had directed compliance of this order. It is submitted that there was no question of compliance of any direction by the appellants and the duty was cast on the respondents’ advocate to prepare a private paper-book. 5. In my view, the order dated 31/8/2009 cannot be construed to mean that the appeal stands dismissed for want of prosecution since there was no question of the appellants complying with the earlier order dated 9/7/2009 passed by this Court. The interpretation made by the office of the order dated 31/8/2009 is incorrect. It is clarified that the appeal does not stand dismissed on account of conditional order dated 31/8/2009. The second appeal, 3 (CAS387/2011) therefore, is not dismissed and is pending. All earlier orders passed therein are also restored. 6. The learned Counsel appearing on behalf of the respondents to make an application for discharge and follow the procedure which is laid down in Advocates Act and the Bombay High Court Appellate Side Rules. 7. Place the second appeal on final hearing board on 17/3/2011. Matter be shown high on board. 8. Parties to act on the copy of this order duly authenticated by the registry of this Court. (V.M. KANADE, J.) 4 (CAS387/2011)