1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 25 OF 2009 IN SECOND APPEAL NO. 1056 OF 2004 Vishnu Maruti Jadhav ........Applicant versus Mrs. Kamalabai Sadashiv Rajawade & ors........ Respondents. Mr. Prathamesh Bhorgude i/b A.V. Anturkar for the Applicant Mr. S.S. Kulkarni adv. for the respondents CORAM: A. P. DESHPANDE, J. DATED : 12th JANUARY, 2009. P.C.: 1. By this application the applicant/appellant is seeking condonation of delay in filing the application for restoration of the appeal which came to be dismissed in default on account of failure on the part of the appellant to file private paper book within one year as directed by order dated 5-3-2007. The learned counsel for the appellant submits that there was some delay in filing private paper book and according to him now the paper book is already filed and the copy was served on the other side, which is not in dispute. In the interest of justice the order of dismisal of the appeal in not submitting the private paper book in time is set aside and the appeal is restored to file on condoning the delay. Application is accordingly disposed of. (A. P. DESHPANDE, J.)