1 20.caf.2806.09 IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION\ CIVIL APPLICATION NO. 2806 OF 2009 IN FIRST APPEAL NO. 811 OF 1999 Uma Chamanlal Anand .... Appellant VERSUS Madanlal C. Anand and another .... Respondents Mr. Bharat Joshi for Appellant. Ms. U. M. Jhaveri for Respondent No. 1. CORAM: K. K. TATED, J. DATED: JANUARY 11, 2011. P.C.: Heard learned Counsel for Applicant and learned Counsel for Respondent No. 1. None for Respondent No. 2. 2. The present Civil Application is preferred by Original Opponent No. 2 / Appellant for restoration of First Appeal which was dismissed by conditional order dated 31 st January, 2007. This Court (Coram: A. S. Oka, J) passed order on 31 st January, 2007 directing the 2 20.caf.2806.09 Appellant to file private paper book within three months. If paper book not filed within three months, matter to stand dismissed for want of prosecution. The learned Counsel appearing on behalf of Applicant submits that they filed paper book within time but it remained to give separate copy of the drawn up decree within time. For want of separate copy of drawn up decree, the First Appeal dismissed for non prosecution. 3. The learned Counsel appearing on behalf of Applicant submits that for want of knowledge about filing of the drawn up decree, it remained on the part of the Applicant to take immediate steps for filing the same. The Applicant says that though they applied for the drawn up decree in Trial Court, same was not issued because the records and proceedings are lying in this Court. 4. The learned Counsel appearing on behalf of Respondent No. 1 vehemently opposed the present Civil Application on the ground that Applicant failed to record any sufficient cause for 3 20.caf.2806.09 condonation of 720 days delay in preferring present Civil Application. 5. Considering the submissions made by learned Counsel appearing for Applicant and reasons disclosed in Civil Application, Civil Application allowed in terms of prayer clause (a),(b) and (c). Civil Application disposed of accordingly. (K. K. TATED, J.)