1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1588 OF 2008 IN SECOND APPEAL NO. 29 OF 1993 Sou. Chaturabai Janardan Taware ........Applicant versus Smt. Tarabai Balwant Kharade & anr........ Respondents. Mr. K.Y. Mandlik adv. for the Applicant None for the respondent CORAM: A. P. DESHPANDE, J. DATED : 9th FEBRUARY, 2009. P.C.: 1. Despite service, none appears for the respondent. Heard the learned counsel for the appellant. The appeal came to be dismissed by an order dated 10-10-2007 on account of non- filing of paper book within the time stipulated. It is stated that though the paper book was ready, the clerk of the advocate due to inadvertance, failed to file the same. For the reasons stated in the application, the order of dismissal of the appeal desevers to be set aside. The appeal has been admitted way back in the year 1993 and dismissal thereof indefault would cause irreparable loss and harassment to the appellant. Hence delay in filing the application is condoned. Impugned order dated 10-10-2007 is set aside. The appeal is restored to file. Application is disposed of. Paper book be supplied within one week. (A. P. DESHPANDE, J.) 2