1 (CAS 1867 of 2010 in SA 633 of 1992) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1867 OF 2010 IN SECOND APPEAL NO.633 OF 1992 Karim Rasul Taral- Sanade ...Applicant Vs. Rasul Bala Taral- Sanade since deceased through his heir Chandbi w/o. Noormohammad Shaikh...Respondent ----- Mr.Shakuntala A. Mudbidri for Applicant Mr.J.Shekhar for Respondent No.1 ----- CORAM: V.M. KANADE J. DATED: 18TH JANUARY, 2011 P.C. 1. Heard the learned counsel appearing on behalf of the Applicant and the learned counsel for the Respondents. 2. This is an application for restoration of the Second Appeal which was dismissed on account of non- compliance of the conditional order dated 15th September, 2005. It is submitted that, inadvertently, the written submissions and case laws which were to be 2 (CAS 1867 of 2010 in SA 633 of 1992) circulated as per the direction of the Court, was not done. 3. The learned counsel for the Respondents has vehemently opposed the submission made by the learned counsel for the Applicant. It is submitted that there is a delay of 5 years and no explanation has been given. 4. In my view, it appears that the conditional order was passed directing the Appellant to file written submissions and case laws as per the notice which was circulated by the said Court and the conditional order was passed. If this is not done, the matter would stand dismissed without further reference to this Court. This is not the case where the Appellant repeatedly remained absent and thereafter, the Court was constrained to dismiss the Second Appeal. In the interest of justice, it would be appropriate if the appeal is heard on merits. Hence, the conditional order dated 3 (CAS 1867 of 2010 in SA 633 of 1992) 15th September, 2005 is recalled qua the Applicant and the Second Appeal is restored to the file. Civil Application is disposed of. Place the Second Appeal on the final hearing board on 4th February, 2011. (V.M. KANADE J.)