* 1 * IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1281 OF 2009 (FOR RESTORATION) IN FIRST APPEAL NO. 225 OF 2007 IN LONG CAUSE SUIT NO. 4387 OF 1991 Brij Behari Nayar & anr. ....... Applicants V/s. Philomina John D' souza & Ors. ....... Respondents ======== Mr. Girish S.Godbole, adv.for applicants. Mr.R.C.Nichani, adv. for respondents no.1 to 3. Coram: Smt.R.P.SondurBaldota, J. Dated: 28 th April, 2009. P.C. :- 1. Heard counsels for both sides. 2. This Civil Application is taken out for restoration of the First Appeal which was dismissed for non-compliance with the order dated 15th January, 2007. By the said order, the applicants were directed to file private paper-book within a period of one year from that day. The applicants state in the present application that it was not possible to file the paper-book within the time granted because the certified copies of the rojnama, in the proceedings are yet to be received. But, for the rojnama the paper-book is ready. 3. In the circumstance, the Civil Application is allowed in following terms. The delay in filing the Civil Application is condoned. First Appeal is restored to file. 4. Copies of rojnama in the paper-book are dispensed with. The applicants to file paper- * 2 * book by tomorrow i.e. by 29th April, 2009. 5. The interim order dated 28th June, 2007 passed in the appeal, stands revived. [SMT.R.P.SONDURBALDOTA, J]