:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPLICATION NO.102 OF 2008 CIVIL APPLICATION NO.102 OF 2008 CIVIL APPLICATION NO.102 OF 2008 WITH WITH WITH CIVIL APPLICATION NO.1549 OF 2008 CIVIL APPLICATION NO.1549 OF 2008 CIVIL APPLICATION NO.1549 OF 2008 WITH WITH WITH CIVIL APPLICATION NO.1550 OF 2008 CIVIL APPLICATION NO.1550 OF 2008 CIVIL APPLICATION NO.1550 OF 2008 WITH WITH WITH CIVIL APPLICATION NO.1551 OF 2008 CIVIL APPLICATION NO.1551 OF 2008 CIVIL APPLICATION NO.1551 OF 2008 WITH WITH WITH CIVIL APPLICATION NO.1552 OF 2008 CIVIL APPLICATION NO.1552 OF 2008 CIVIL APPLICATION NO.1552 OF 2008 IN IN IN SECOND APPEAL NO.597 OF 1992 SECOND APPEAL NO.597 OF 1992 SECOND APPEAL NO.597 OF 1992 Baba Laxman Suryawanshi ...Appellant. v. Shri Dashrath Jyoti Suryawanshi & Ors. ...Respondents. Mr.B.K.Raje , adv. for the Appellant. Mr.Dilip Bodake , adv. for the Respondent Nos.1 and 2. CORAM: CORAM: CORAM: J.H.BHATIA,J. J.H.BHATIA,J. J.H.BHATIA,J. DATE: 12th September, 2008. DATE: 12th September, 2008. DATE: 12th September, 2008. P.C. P.C. P.C. 1. Heard the learned counsel for the appellant and the respondent nos.1 and 2. Other respondents are served but none appears. On 2.2.05, conditional order was passed directing the appellant to file paper-book within the stipulated period in Second Appeal No.597 of 1992. However, the appellant failed to file paper-book within the stipulated period and, therefore, as per the conditional order, the said appeal was dismissed. By the Civil Application No.102 of 2008 and Civil Application No.1549 of 2008 the applicant/appellant seeks to set aside the conditional order and to restore :2: the second appeal to the file. The learned counsel for the applicant makes a statement that paper-book is ready and he can file within one week. Therefore, both these applications are allowed and Second Appeal No.597 of 1992 is hereby restored to the file. 2. Remaining four applications, i.e., Civil Application Nos.1550, 1551, 1552 and 1553 of 2008 are filed to bring legal representatives of the respondent nos.7,6,5 and 10 respectively. Applications are pending for a long time. However, in view of the fact that second appeal was filed in 1992 and pending the appeal, they had expired and taking into consideration the fact that the Second Appeals of 1992 are not being taken up for final hearing even now, no prejudice will be caused if these applications are allowed. Therefore, Civil Application Nos.1550, 1551, 1552 and 1553 are hereby allowed and legal representatives of the deceased respondents be brought on record. Amendment be effected within two weeks. 3. Applications stand disposed off. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)