1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.6425 OF 2010 IN SECOND APPEAL NO.457 OF 2000 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s Orders Mr.G.V.Wani, learned counsel for applicant. Smt.Raut h/f. Mr.P.R.Patil, learned counsel for respondent no.1 (CORAM : A.V.POTDAR, J.) DATE : 30/04/2010 Mr.L.V.Sangit states across the bar that he has returned the brief to respondent no.2 to 4 and now withdrawn himself from the second appeal as well as this application. Heard learned counsel for applicant and respondent no.1. By the present application, the applicant has approached this Court to condone the delay caused in preferring the civil application for restoration and to set aside the order of dismissed in default passed by this Court on 14/09/2009 and to restore the second appeal to its original file. 2 Considering the submissions across the bar and after going through the contents of the present civil application, as stated in para no.2 of this application, as even though the directions were given to furnish the paper book within the period of 8 weeks, as talk of compromise were in progress in between the appellant and respondents and due to intervening Diwali Vacation, they were unable to furnish the paper book as directed by the Hon’ble Court, which resulted in not furnishing the paper book and on 14/09/2009, the order of dismissal came to be passed. For the grounds stated in para no. 2 to 5 of this application, application is allowed in terms of prayer clause A,B and C and stands disposed of. Second Appeal No. 457/2000 is hereby restored. Counsel for applicant/appellant to tender the paper book in the office and thereafter the second appeal to be listed for final hearing in due course. (A.V.POTDAR, J.) khs/APRIL 2010/ca6425-10