1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3996 OF 2010 WITH CIVIL APPLICATION NO.3934 OF 2010 AND FIRST APPEAL NO.2291 OF 2007 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr.Anand Grover i/b Prakash Mahadik for the applicant. Ms.Ridayan Sawant i/b M/s.Bali & Associates for the respondent. CORAM : D.B.BHOSALE, J. DATED : 15/12/2010 PC: 1. Heard learned counsel for the parties. 2. By this application the applicant has prayed for restoration of the appeal which has been dismissed for non compliance of the order dated 2.6.2008 passed by this court in the appeal. By this order (2.6.2008) the applicant was directed to remove office objections within a period of eight weeks from the date of the order. The applicant has stated in paragraph 3 of the application that the only objection was non filing of certified S 2 copy of the decree. The applicant has further stated that after getting certified copy of the decree, the same was filed and, therefore, the advocate for the applicant was under impression that all office objections have been complied with. It further appears that still there was one objection raised by the office that “claim not stated properly” and in view thereof the appeal stood dismissed for non prosecution by virtue of the order dated 2.6.2008. I have perused the civil application so also reply affidavit filed by the respondent. I have also perused the interim order passed by this court on 17.10.2007 on the civil application (stamp) no.14377 of 2001. Keeping that in view and considering overall facts and circumstances of the case and the nature of dispute in the appeal so also for the reasons stated in the application, I am inclined to make it absolute in terms of prayer clause (a), (b) and (c). Order accordingly. The applicant shall remove office objections, if any, on or before 18.1.2011. Insofar as prayer clause (c) is concerned, the applicant has filed undertaking stating that 3 she will comply with the directions issued by this court vide order dated 17.10.2007. Her undertaking is taken on record and accepted. Civil application is disposed of. CIVIL APPLICATION NO.3934/2010 To be heard with main appeal. FIRST APPEAL NO.2291 OF 2007 Having considered the controversy involved in the appeal so also age of the respondent, who is now 90 years old, office is directed to place the appeal for final hearing in the week commencing from 7.2.2011. (D.B.BHOSALE, J.)