1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, NAGPUR BENCH, NAGPUR CIVIL APPLICATION O. NO.232/2009 IN MISC. CIVIL APPLICATION ST. NO.3451/2009 Shamrao s/o Shankarrao Shiraskar and Smt. Gangabai wd/o Shamrao Shiraskar (Dead) through L.Rs. ...Versus... The State of Maharashtra, Sachivalaya, Bombay and others ---------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. ---------------------------------------------------------------------------------------------------------------------------- [Shri N.D. Khamborkar, Adv. for applicants] [Shri D.B. Yengal, AGP for respdt. Nos.1 and 2] CORAM:- A.B. CHAUDHARI, J. DATED :- 02.07.2009 Shri D.B. Yengal appears for respondent Nos.1 and 2. Respondent Nos.3 and 4 though served have not chosen to appear. Second Appeal which was admitted by this Court stood dismissed for want of paper book. Though there is delay of 913 days in filing application for restoration, delay deserves to be condoned, since this Court was not in a position to take up second appeal for final hearing. Hence, delay is condoned. Civil Application is allowed in terms of its prayer. Civil Application stands disposed of. MISC. CIVIL APPLICATION ST. NO.3451/2009 This is an application for restoration of second appeal which was admitted by this Court way back in the year 2 1996 and was dismissed for not filing private paper book. Learned Counsel for applicants submits that appeal should be heard finally on merits and he is ready with paper book. Hence, Misc. Civil Application is allowed in terms of its prayer. Second appeal is restored to file. Learned Counsel for applicants undertakes to file private paper book which the Counsel has prepared. Learned Counsel for applicants submits that the paper book contains copies of judgments of the Courts below and memo of appeal and nothing more. It is seen that office has been accepting such kind of paper books. As a matter of fact the certified copies of judgments and decrees of the Courts below are always filed with the second appeal and there is no need to multiply by adding the same by private paper book and what is required to be filed is copies of depositions of the witnesses examined by both the parties so also relevant documents, if any. Learned Counsel for applicants is, therefore, expected to file legible typed/xerox copies of depositions of the witnesses examined by both the parties and the documents which are relevant in his opinion within a period of two weeks from today. Second appeal relates to the year 1996. Hence, place the appeal for final hearing in the week commencing from 20.07.2009. If before the said date compliance is not made, second appeal shall stand dismissed without further reference to this Court. Misc. Civil Application stands disposed of. JUDGE ssw