1 IN THE HIGH COUT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION (st.) no. 17012/2010 IN SECOND APPEAL NO. 1615 OF 2005 Sundarabai Janku Wagh & anr ..... Appellants Vs. Malhari @ Babab Dharma Aswar & ors ..... Respondents Ms. Anita A. Agarwal adv. For the appellant Mr. Mandar Soman i/b. T.D. Deshmukh For the respondent. CORAM : R.G. KETKAR, J. DATE : 9th July, 2010. Not on Board. Mentioned due to urgency. P.C.: 1. This application is filed for condoning the delay in filing the application and for restoring the Second Appeal along with Civil Application. 2. Heard learned counsel appearing for the parties. By order dated 28th Mary 2006 after hearing both the sides the Second Appeal was admitted. The applicants were directed to file private paper book along with sufficient number of copies thereof within a period of one 2 year from that date. It was further made clear that if the paper book is not filed within the stipulated period, the Appeal be dismissed for want of prosecution without further reference to the court. 3. Since the private paper book along with sufficient number of copies thereof was not filed within one year from the date of the order, the appeal has been dismissed in default. The applicant has taken out present application for restoration of the Second Appeal. The learned counsel Mrs. Agarwal states that within four weeks from today the applicant will file private paper book with sufficient number of copies thereof. Statement is accepted. 4. In view of this Civil Application is allowed in terms of prayer clause (b),(c) and (e) with no order as to costs. 5. It is made clear that in case the applicant fails to file the private paper book within four weeks from today, the order dated 28th March 2006 shall stand revived without further reference to the court. [R.G. KETKAR, J.]