1 32 caf 4636.10.doc K IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4636 OF 2010 IN FIRST APPEAL NO.360 OF 2005 Mrs. Anita Rajshailendra Surve @ Miss. Anita Mohan Sawant ..Applicant. Vs. Mr. Rajshailendra Madhusudan Surve ..Respondent. Mr. J.M.Puranik for the applicant. Mr.Niranjan Mundargi for respondent. CORAM : D.B.BHOSALE, J. DATED : 14/12/2010. PC: 1 Heard learned counsel for the parties. 2 Leave to amend. Amendment be carried out forthwith. 3 Respondent has not filed any reply opposing the prayers made in the application. 4 The applicant in this civil application has prayed for restoration of the first appeal which stood dismissed for non prosecution by virtue of the order dated 05.05.2006. By this order, the applicant was directed to file a private paper book and since it was not filed, matter stood dismissed for non 2 32 caf 4636.10.doc prosecution. I have perused the civil application and more particularly paragraph 4 and 5 thereof. For the reasons stated in the application, it is made absolute in terms of prayer clause (a) and (aa). The applicant is directed to comply with the directions issued by the order dated 05.05.2006 on or before 20th January, 2011, failing which the appeal/application shall stand dismissed for non prosecution without reference to the court. (D.B.Bhosale, J.)