SSM 1 45.cas.170.11 IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 170 OF 2011 IN SECOND APPEAL NO. 494 OF 2001 Shri. Motiram Punja Khandbahale and anr. .... Applicants Versus Shri. Khanderao Punja Khandbahale ....Respondent _____ Mr. Ranjeet H. Patil i/b S. K. Shinde for the Applicants. Mrs. Sona Baugwala i/b S. M. Gorwadkar for the Respondent. CORAM: RAJESH. G. KETKAR, J. DATED : MARCH 4, 2011. P.C.: Heard Mr. Ranjeet Patil, learned Counsel for the Applicants and Mrs. Sona Baugwala, learned Counsel for the Respondent. This is an application for condonation of delay of 1 year and 250 days in filing the Second Appeal as also for recalling the order dated 5 th May, 2009 passed by this Court whereby the Applicants were given time to remove office objections on or before 30 th June, 2009. Since the order of removal of objection for filing SSM 2 45.cas.170.11 of private paper book within the stipulated time was not complied with, the Second Appeal stood dismissed for non-prosecution without further reference to the Court. 2. The learned Counsel for the Applicants states that, within two weeks from today, he will file private paper book and also the decree form. 3. In view of this, the Civil Application is allowed in terms of prayer clauses (a) and (c) with no order as to costs. Second Appeal No. 494 of 2001 is restored to the file. It is further made clear that, in case the Applicants fail to file the private paper book and decree from within the stipulated time, the order dated 5 th May, 2009 shall stand revived. Civil Application is disposed off. (RAJESH. G. KETKAR, J.)