1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY C IVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 735 OF 2009 IN SECOND APPEAL NO. 282 OF 2007 Anubai Ganpati Chavan & Ors. ... Applicants (Orig. Plaintiffs) Vs. Chingatai Dattu Chavan &anr. ... Respondents (Orig. Defendants) Mr. Nilesh S. Patil, Advocate, for the applicants. Mr. P.R.Arjunwadkar, Advocate for respondent Nos. 1 & 2. CORAM: J.H.BHATIA,J. DATE : 22nd July, 2009. P.C. 1. Heard the learned Counsel for the parties. 2. Mr. Arjunwadkar, Advocate, vehemently opposed this Application. Second Appeal No.282 of 2007 was admitted on 4.9.2007 and on the same day, a conditional order was passed that private paper book be filed within 8 weeks failing which the appeal shall stand dismissed. 3. The learned Counsel for the appellant states that due to certain difficulties, paper book was not ready. I find that even if the paper book would 2 have been filed, it was impossible to dispose of Appeal of 2007 till this date, taking into consideration the huge pendency. 4. Therefore, in the interest of justice, the Application is allowed and the conditional order dated 4.9.2007 stands recalled. Second Appeal is restored to file. Private paper book is allowed to be filed within 2 weeks from this date. (J.H.BHATIA,J.)