1 CA-663-11.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.663 OF 2011 WITH SECOND APPEAL NO.42 OF 2006 Annaso Shankarrao Yadav ..Applicant Vs Shetkari Taluka Sahakari Kharedi Vikri Sanstha Maryadit and anr. ..Respondents -- Mr.Amit Borkar, for applicant. Mr.P.D.Dalvi, for respondent nos.1 and 2. -- CORAM : R.G.KETKAR, J. DATE : AUGUST 30, 2011 P.C.: Heard Mr.Amit Borkar, learned counsel for the applicant and Mr.P.D.Dalvi, learned counsel for respondent nos.1 and 2. 2] This is an application for restoration of Second Appeal no.42 of 2006 by extending time for filing private paper book. Mr.Borkar, states that since the private paper book was not filed, the Appeal stood dismissed on that ground. Mr.Borkar further states that the private paper book is ready and within two weeks he will file the same and serve copy on the otherside. 2 CA-663-11.odt 3] on the other hand, Mr.Dalvi strenuously contended that there is delay of 4 years and 314 days in filing this application which shows that the applicant was not diligent in prosecuting the Second Appeal. 4] For the reasons set out in the application as also for the reason that the Second Appeal was admitted and as the private paper book is ready, Civil Application is allowed in terms of prayer clauses (b) and (c) with no order as to costs. 5] The appellant shall file private paper book and serve copy on the otherside within two weeks from today. IN SECOND APPEAL NO.42 OF 2006 : Issue fresh notice to the respondents returnable after four weeks. [R.G.KETKAR, J.]