: 1 : vss THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3904 OF 2009 IN FIRST APPEAL NO.1456 OF 2005 Office Notes, Office Memoranda of Coram, appearances, Court's order or Directions and Registrar's Orders Court's or Judge's Orders Mr.P.J. Pawar for Applicants Mr.R.S. Kate for Respondent No.1 CORAM: SMT.NISHITA MHATRE,J. DATED: APRIL 7, 2010 P.C.: The application has been filed for restoration of the appeal. The paperbook was not filed as directed by this Court and therefore the appeal was dismissed two yeas 10 days prior to the filing the present application. 2. Mr.Kate, appearing for the respondent, points out that the decree has already been executed and no useful purpose would be served by restoring the appeal. 3. In my view, the submission of Mr.Kate must be accepted. 4. Civil application is therefore dismissed.