-1- GPN-J-2459-ARHCBN-3-04-1,00,000-ALA4* [Spl.-H.C.,A.S.,C.D.79e. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. C.A.No.9637/2008 IN M.C.A.St.No. 20360/2008 IN S.A.No.351/1997 Smt. Chandrakala Devidan Paliwal -versus- Nandkishore Bhuredanji Maheshwari ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram appearances, Court's orders or Directions Court's or Judge's Orders. And Registrar's Orders. ----------------------------------------------------------------------------------------------------------------------------------- CORAM : B.P.DHARMADHIKARI, J. DATED : JANUARY 15, 2009. Heard Advocate Shri O.W. Gupta, for applicant and Shri C.V. Kale, for respondent no.1. There is prayer to condone delay of 799 days in filing M.C.A.St. pointing out that Second Appeal has been dismissed on 21.09.2006 for non filing of paper book. Advocate Shri Gupta, states that listing of matter escaped his attention and he further points out that even the contesting respondents thereafter has filed application for vacation of interim order. The prayer for condonation of delay and for restoration is strongly opposed by the learned counsel appearing for respondent, by pointing out that the interim order is unnecessarily operating in favour of the appellant/applicant to the prejudice to -2- the respondent no.1. Appeal was admitted on 27.7.1998 by this court and as such it is apparent that the continuation of interim order in favour of the appellant/applicant cannot be a relevant consideration at this stage. The delay does not appear tobe deliberate and hence the same is condoned, however, the same is subject to cost of Rs. 1200/- by the applicant to the respondent no.1 by 16.02.2009. The order dated 21.09.2006 dismissing the Second Appeal is hereby recalled and Second Appeal is restored back to file. The appellant to file paper book with the Registry in the meanwhile. If costs are paid and paper books are filed, office to list the Second Appeal for final hearing in week commencing from 16.02.2009. If the costs are not so deposited or paper book is not filed, the interim order shall stand vacated automatically. Both the Applications are thus disposed of. JUDGE Rgd.