1 (CA 1922 of 2010 in SA 593 of 1998) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1922 OF 2010 IN SECOND APPEAL NO. 593 OF 1998 Mohan Shankar Dicholkar ...Applicant Vs. Waman Sadashiv Uparkar and Ors. ...Respondents ----- Mr.S.M. Railkar for Applicant Ms. Jaymala Raut and Ms Jaymala A. Ostwal for Respondents ----- CORAM: V.M. KANADE J. DATED: 4TH FEBRUARY, 2011 P.C. 1. Heard the learned counsel appearing on behalf of the Applicant and the Respondents. 2. By this application, the Applicant is seeking an order of this Court for recalling the conditional order passed by this Court on 23rd March, 2010 and for condoning the delay of 232 days in filing this application. It is submitted this Court, by the said order dated 23rd March, 2010 had directed that office objections should be removed within four weeks, failing which the appeal would stand dismissed without further reference to this. It is submitted that second appeal is ready of final 2 (CA 1922 of 2010 in SA 593 of 1998) hearing. However, the paper book is not filed and that the only objection remained to be removed. It is submitted that the Applicant came to know about the said order only after certain order was passed in execution proceeding. 3. On the other hand, the Respondents vehemently urged that the Applicant was not diligent and though an appeal was admitted in 1998, no steps were taken for removing the office objections. It is submitted that the Applicant was enjoying the interim order which is granted by this court and as a result, the decree which was granted in favour of the Respondents could not be executed. It is submitted that cost may be imposed. 4. In my view, taking into consideration the peculiar facts and circumstances and in the interest of justice, the order dated 23rd March, 2010 needs to be recalled. The Applicant had served the Respondents immediately after soon after the Second Appeal was filed. However, the paper book could not be filed during the period of four weeks from 23rd March, 2010 since on that date, the Applicant was not present and did not know about the said order which was passed. The Civil Application is, 3 (CA 1922 of 2010 in SA 593 of 1998) therefore, allowed. Delay caused in filing this application is condoned. The Second Appeal is restored to the file. The Applicant shall file the paper book within four weeks from today. Place the Second Appeal on the final hearing board in the week commencing from 14th March, 2011. Interim relief which was granted at the time of admission of the Second Appeal is also restored. Civil Application is disposed of. (V.M. KANADE J.)