1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR MCA NO. 113 OF 2009 IN FIRST APPEAL NO. 165 OF 2005 (Smt. Manoramabai wd/o Sahebrao Khandar & Anr. vs. Dilip Gopal Nagwani & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. MARCH 05, 2009. Heard Shri Gilda, learned counsel for the applicants and Shri Kaptan, learned counsel for the respondents. First Appeal No. 165 of 2005 came to be dismissed on third occasion and for not filing private paper book. Shri Gilda, learned counsel points out that the private paper book has been filed on 12.1.2009 and time to file it expired on 9.1.2009 and hence appeal came to be dismissed on 9.1.2009. Shri Gilda further points out that appellant No.2 i.e. applicant No.2 who was looking after the matter was undergoing Chemotherapy and, therefore, paper book could not be filed within time. Shri Kaptan, learned counsel is strongly opposing the prayer for restoration. He points out that the respondents are in possession and because 2 of status quo order, they are not in a position to develop the property and therefore serious loss/ prejudice is being caused to them. He states that all this is being done deliberately with a view to prolong the decision of the mater. After hearing parties, I find that in the circumstances, the matter needs to be restored but at the same time, the respondents also need to be compensated. Hence, in the interest of justice, the order dated 9.1.2009 dismissing first appeal is hereby recalled subject to the applicants paying to the respondents cost of Rs.3,000/- by 31.3.2009. If the costs are so paid, the office to restore First Appeal, to take paper book on record and proceed further in the matter. The respondents are at liberty to move for expeditious disposal, if the appeal is restored. JUDGE *GS.