1 926 cas 543.10.doc K IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.543 OF 2010 IN SECOND APPEAL NO.271 OF 1993 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr Anil Kumar K Patil, for applicant. Mr Anay A Joshi for respondent. CORAM : K.K.TATED,J. DATE : 18/02/2011. PC: 1 Heard learned counsel for parties. 2 This civil application is preferred by original appellant for restoration of second appeal which was dismissed as per conditional order dated 2nd May, 2006. The learned counsel appearing on behalf of applicant submits that as per order dated 2nd May, 2006, this court directed applicant to file private paper book within six weeks. The learned counsel appearing on behalf of applicant submits that the applicant being 67 years old could not understand the seriousness of the order passed by this court though the same was communicated to him. 2 926 cas 543.10.doc 3 The learned counsel appearing on behalf of applicant submits that because of old age it remains on the part of applicant to take immediate steps for filing private paper book. He submits that private paper book is ready and he can file it immediately. 4 On the other hand, the learned counsel appearing on behalf of respondent vehemently opposed the present civil application on the ground that applicant failed to make out any sufficient cause for delay in complying the conditional order dated 2nd May, 2006. He submitted that the Regular Civil Suit no.116 of 1980 was instituted for simplicitor injunction. If cause of action survives the applicant can file fresh suit for same cause of action. 5 Considering the submissions made by the learned counsel on behalf of applicant and the averments made in civil application particulrly in para 4, civil application is allowed in terms of prayer clauses (a) and (b) which reads as under: “(a) This Hon’ble Court be kindly pleased to condone the delay in filing the present Civil Application. 3 926 cas 543.10.doc (b) This Hon’ble Court be kindly pleased to restore the above said Second Appeal No.271 of 1993, by setting aside the conditional order dt. 2/05/2006 and be pleased to take on record decree forms and paper book.” 6 Applicant is directed to file private paper book within one week from today. If applicant failed to file private paper book within one week from today, this civil application stands dismissed without referring back to the court. 7 Civil application is disposed of accordingly. (K.K.TATED,J.)