1 caf161 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.161 OF 2011 IN FIRST APPEAL NO.611 OF 2006 Geetadevi Sajjankumar Nemani & Ors. ...Applicants vs. Dr.Miss Manjula Ramvallabh Nemani & Ors....Respondents Mr.S.L.Shah i/b Shah Legal for the applicants Mr.M.V.Pandey for the respondent no.1 CORAM : A.S.OKA,J. DATE : JANUARY 24,2011 P.C.: 1 Heard learned counsel for the parties. The appeal preferred by the applicants has been dismissed for non prosecution as the Advocate for the applicants failed to file paper book within the time stipulated by order dated 25th July 2006. The application is opposed by the learned counsel for the first respondent. 2 The appeal has been dismissed for non prosecution obviously due to default on the part of the Advocate for the applicants as he failed to file paper book. Hence, the applicants cannot be allowed to suffer. 3 Considering the fact that very old appeals from the year 1986 are pending on final hearing board, even if paper book would have been filed within stipulated time, the appeal would not have been reached the final hearing. Hence, a case for restoration is made out. 4 Accordingly, application is allowed in terms of the prayer clauses (a) to (c) subject to condition that compliance will be made with the order dated 25th July 2 caf161 2006 within a period of eight weeks from today. If compliance is not made within stipulated period, the order of dismissal of the appeal will stand. JUDGE