1 FARHAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CA/3377/2010 In SA/8/1991 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. S.S. Choudhary, Advocate for applicant. Mr. S.B. Ghule, Advocate for respondent No. 2. CORAM: K.U. CHANDIWAL J. DATED: 30th April, 2010. P.C.: 1. Heard Mr. Choudhary for the appellant and Mr. S.B. Ghute for respondent No. 2. The appellant has requested to restore the second appeal which has been dismissed and also to condone the delay of 576 days delay. The R.C.S.No. 163/1978 was filed before the 2nd Joint Civil Judge, Junior Division, Osmanabad for declaration and ownership of possession. It was decreed on 26th October 1983. The R.C.A. No. 57/1983 moved came to be allowed and decree was set aside by order dated 28th September 1990. The second appeal being preferred was heard on 14th June 1991 and it was admitted on the substantial questions of law formulated. The matter was on board on 16th April 2009 before the learned Registrar. As the advocate for the appellant has not supplied the paper book and decree form, the learned Registrar dismissed the appeal for want of prosecution. 2 2. The mistake on the part of appellant is obvious, however, it is not intentional or not to kill the time. The mistake is condoned. The appellant to furnish the paper book and decree form within six weeks from today. The appeal is restored to original position on payment of cost of Rs. 2,000/- (Rs. two thousand) to defendant. S.O. 23rd June, 2010. [ K.U. CHANDIWAL J. ] ssc/ca3377.10