1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION N. 477 OF 2009 IN SECOND APPEAL NO. 142 OF 1996 Shri Khandu Mhatarba Jadhav ... Applicant Vs. Smt. Bhiubai Chindhu Kale, since deceased heirs and legal repreentatives: a. Shri Chindhu Gopala Kale & Ors. Respondents Shri Rameshwar Gite, Advocate for the applicant. Shri Sandeep Dilip Shinde, Advocate, for respondent Nos.1C, 1D & 1E. CORAM: J.H.BHATIA,J. DATE : 14th September, 2009. P.C. Second Appeal No.142 of 1996 which was already admitted was dismissed due to failure to comply with the conditional order dated 14.3.2002 to file private paper book within the stipulated period. 2. By this Application, the applicant seeks to restore the said appeal to file. It is contended that the earlier Advocate had not informed about any such conditional order and only on 14.11.2008, by checking the status of the case on information Kiosk, the appellant came to know that the appeal was dismissed. 2 3. The learned Counsel for the appellant is willing to pay costs. The learned Counsel for the respondent suggested that the appellant should deposit Rs.5,000/- as costs with the State Legal Authority to which the counsel for the appellant agreed. 4. Therefore, the application is allowed subject to condition that the applicant shall deposit costs of Rs.5,000/- with the State Legal Authority within 2 weeks from this day and shall also file the private paper book which is now ready with him within two weeks. If he fails to comply with any of the two conditions, the application shall be deemed to have been rejected. In case the conditions are complied with, the Appeal shall be listed for final hearing. 5. The interim stay to the execution of the decree which was granted on 4.11.1996 is hereby restored. Application stands disposed of. (J.H.BHATIA,J.)