1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.90 OF 2010 IN FIRST APPEAL NO.2097 OF 2006 Shri Vijay Pandurang Shelke .… Applicants & anr. Vs. M/s Kunj Horticulture & Real . … Respondents Estate Developers & Ors. Ms.Kavita Pawar i/by Sanjay S. Kshirsagar, Advocate for Applicants. Mr. R.M. Sanghvi, Advocate for respondents no.1 & 2. Mr. A.B. Tajane, Advocate for respondents no. CORAM : Smt. R.P. SondurBaldota, J. Date : 26th March, 2010 P.C. : 1. This Civil Application is taken out for restoration of the First Appeal No. 2097 of 2009 by setting aside the conditional order dated 17th January 2007. By the said order, the appellant was directed to file private paper book within a period of one year from that date. It was further directed that if the compliance is not made within the stipulated time, the appeal was to stand dismissed for want of prosecution without further reference to the Court. 2 2. Learned Counsel for the applicants submits that the applicants had got the paper book prepared but could not file it in time, as they had not got copy of the roznama in time. The paper book was incomplete for want of roznama. She states that today the paper book is complete in every respect and that it is ready for filing. 3. In that circumstance, the Civil Application is allowed in terms of prayer clause (a) to (c). The applicants are directed to file paper book in the office within the period of two weeks from today. In the event the applicants fail to file the paper book, within the time granted, the Civil Application will stand dismissed without any further reference to the Court. ( Smt. R.P. SondurBaldota, J.)