1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1672 OF 2009 IN SECOND APPEAL NO.252 OF 2007 Ashok Vasumal Hasija & Anr. .. Applicants V/s. Babulal Ganesh Gujarathi (Since deceased through his LR’s) Santosh Babulal Gujarathi & Ors. .. Respondents Mr. R. N. Sanghavi for the Applicants. Ms. Ashalata A. Chavan holding for Mr. Javeed Hussain for Respondent Nos. 3 to 5. CORAM : S.J. KATHAWALLA,J. [VACATION JUDGE] DATED : DECEMBER 22, 2009. P.C. : This Second Appeal was admitted on 29th January, 2008. The Appellants were directed to file the private paper book within a period of one year from the order, failing which Appeal to stand dismissed for non prosecution without further reference to Court. 2. As set out in the Civil Application, the Appellants have prepared the paper book and the same is ready. It is explained 2 that the delay in filing the paper book is due to unavailability of the documents which were required for preparing the paper book. 3. Respondent No.1 has expired on 6th July, 2008. His heirs are yet to be brought on record. The Advocate for the deceased Respondent No.1 who appears for the heirs of the deceased Respondent No.1 is served, but is unable to remain present. Appellant is not pressing the Appeal against Respondent No.2. The learned Advocate appearing for Respondent Nos. 3 to 5 has no objection if the Civil Application is allowed and the Appeal is restored to file. It is submitted that the heirs of Respondent No. 1 have initiated execution proceedings which will cause grave harm and prejudice to the Appellants, if the order dismissing the suit for not filing the private paper book on time, is not set aside and the Appeal restore. Sufficient cause is shown for not filing the private paper book on time. In view thereof, the Civil Application is allowed in terms of prayer clauses (b), (c), (d) and (e). 4. The Civil Application is, accordingly, disposed of. (S. J. KATHAWALLA, J.) 3