1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION Nos. 1511 & 1513 OF 2009 IN FIRST APPEAL NOs. 77 & 78 OF 2008 Hari Narayan Bhor since deceased by L.Rs. 1. Kamal Hari Bhor & ors........Applicants/Appellants versus Rajaram Ramchandra Kulkarni since deceased through L. Rs. 1. Rekha Ramachandra Kulkarni & ors........ Respondents. Mr. M. B. Mehere adv. for the Applicants/Appellants Mr. Rajesh More adv. for the respondents CORAM: A. P. DESHPANDE, J. DATED : 31st MARCH, 2009. P.C.: 1. On an oral prayer made by the learned counsel for the applicant, leave to amend the prayer clause is granted with a view to seek restoration of appeal which is dismissed in default on not filing of paper book within the stipulated time. 2. By the instant applications the appellant/judgment debtor is seeking restoration of the first appeal, dismissed for non-compliance of the conditional order dated 23-1-2008 which obliged the appellant to file private paper book within the period of one year from the date of passing of the order. The learned counsel for the applicant has submitted that the paper book is 2 now ready and could be filed within a week's time. He submits that on account of dismissal of appeal irreparable loss and undue hardships would be caused to the applicant. Hence a prayer for restoration is made after condoning the delay in filing the present application. The learned counsel for the respondent opposed the application and submits that if this application is to be allowed, the same should be subject to heavy costs. In the interest of justice and for the reasons stated in the application, the application to the extent of restoration of the appeal deserves to be allowed and I proceed to allow the same. 3. The next prayer in the application is yet again for condonation of delayin complying with the conditional order granting stay. This court while admitting the appeal for final hearing, granted stay to the execution of the money decree subject to the condition that the applicant/appellant deposites the entire decreetal amount in this court within a period of eight weeks from the date of the order. It is undisputed that the amount has not been deposited much less within the stipulated period. However, the learned counsel for the applicant submits that he had already deposited part of the amount in each appeal in the trial court and now he is ready to deposit the amount as directed by this court vide order dated 23-1-2008. The applicant undertakes to deposit the balance amount within a period of two weeks from today. The deposit of the amount would be in the interest of the respondent as after the deposit of the amount, he 3 can apply for withdrawal of the same. The learned counsel insists for awarding costs for restoring the stay order and for extending the time to deposit the balance decreetal amount. In the result application is allowed, however subject to payment of costs of Rs.10,000/- by the applicant/appellant to the respondent subject to further condition that stay order shall stands restored only after the applicant deposits the amount in compliance of the order dated 23-1-2008 in the trial court within a period of two weeks from today and on filing of the paper book within one week from today. (A. P. DESHPANDE, J.)