1 IN THE HIGH COUT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 628 OF 2010 IN FIRST APPEAL NO. 616 OF 2008 Lahanu Laxman Gavit ..... Applicant Vs. Ashok Vasant Vani .... Respondent Mr. Keshav B. Borhade Adv. for the applicants Sandesh D. Patil for the respondent. CORAM : R.G. KETKAR, J. DATE : 30th July, 2010. P.C. : 1. This application is for restoration of the First Appeal and also for condonation of delay of 296 days in filing the application. The First Appeal No. 616/08 was admitted on 27-3-2008. The appellant was directed to file requisite number of copies of private paper book along with decree form within a period of one year, It was also made clear that if compliance is not made within stipulated time, the appeal shall stand dismissed for want of prosecution without further reference to the court. Since the compliance was not made the appeal stands dismissed for non prosecution. 2 2. Heard Mr. Borhade, learned counsel for the applicant. He states that within four weeks from today he will file private paper book and serve in advance copy of the same to the other side. He states that he will also file decree form within four weeks from today. In view of the statement, Civil application is allowed in terms of prayer clause (a) and (b) with no order as to costs. Delay is condoned. First Appeal No. 616/08 is restored to file of this court. [R.G. KETKAR, J.] 3 IN THE HIGH COUT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 629 OF 2010 IN FIRST APPEAL NO. 616 OF 2008 Lahanu Laxman Gavit ..... Applicant Vs. Ashok Vasant Vani .... Respondent Mr. Keshav B. Borhade Adv. for the applicants Sandesh D. Patil for the respondent. CORAM : R.G. KETKAR, J. DATE : 30th July, 2010. P.C. : 1. Heard Mr. Borhade, learned counsel for the applicant and Mr. Sandesh Patil, learned counsel for the respondent. 2. This is an application for stay of the execution of the judgment and decree dated 21-102007 passed by the learned 2nd Joint Civil Judge Senior Division, Thane in Special Civil Suit no.257 of 2003. By that judgment the learned trial Judge decreed the suit instituted by the respondent and directed the applicant herein to pay an amount of Rs. 2,28,975/- together with interest at the rate of 12% per annum from 4 31-1-2001 till realization. 3. On the condition of the applicant depositing the entire decretal amount in this court within two weeks from today there shall be ad- interim order in terms of prayer clause (a). It is made clear that in case the applicant fails to deposit the amount within the stipulated time, the ad-interim order shall stand vacated without reference to the court. [R.G. KETKAR, J.]