1 IN THE COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1327 OF 2008 IN SECOND APPEAL NO.447 OF 2006 WITH CIVIL APPLICATION NO. 1328 OF 2008 IN SECOND APPEAL NO.448 OF 2006 Dnyanu Shamrao Yadav .. Appellant/ Applicant V/s. Akaram Rambhaji Sabale .. Respondent Mr.P.G.Chavan i/b.V.R.Mankapur for the Appellant/Applicant. Ms.Swati Pokale i/b.A.B.Shinde for the Respondent. CORAM : R.M.SAVANT, J. DATED : AUGUST 26TH, 2008. P.C. At the outset Mr.Chavan holding for Mr.Mankapure seeks leave to amend the prayer clauses of the above Civil Applications so as to 2 incorporate a prayer for condonation of delay. Leave granted. Amendment to be carried out forthwith. 2. By the above Civil Application the Applicant/Appellant prays for condonation of delay in filing the Applications for restoration of the Second Appeals which have been dismissed for non- prosecution on account of the conditional order dated 21st July, 2006 passed in both the Appeals. The above Appeals were admitted on 21st July, 2006 on which day a conditional order also came to be passed that the Appellant/Applicant to file paper book within the time stipulated in the said order. On account of non-compliance of the said order, the Appeals have been dismissed for non-prosecution. 3. Ms.Swati Pokale holding for Shri A.B.Shinde opposes the above Civil Applications. 3 4. Considering the facts as disclosed in the Civil Application, the case of condonation of delay and restoration of the Second Appeals which were admitted, has been made out. The Civil Application is, accordingly allowed in terms of prayer clauses “a” and “a-i”. 5. The Civil Applications are, accordingly, disposed of. 6. The Appellant to pay costs of Rs.500/- each in each of the Civil Applications to the Respondent. 7. The said costs to be paid within four weeks from date. The time to file paper book is also extended by period of six weeks. [R.M.SAVANT, J.] 4