1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, NAGPUR BENCH, NAGPUR CIVIL APPLICATION O. NO.20/2009 IN MISC. CIVIL APPLICATION ST. NO.6822/2008 IN SECOND APPEAL NO.98/1999 Banwarilal s/o Shriram Sharma ...Versus... Smt. Lata w/o Banwarilal Sharma ---------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. ---------------------------------------------------------------------------------------------------------------------------- [Shri N.R. Saboo, Adv. for applicant] [Shri S.I. Khan, Adv. for respondent] CORAM:- A.B. CHAUDHARI, J. DATED :- 30.06.2009 Heard. Learned Counsel for respondent opposed this application as the respondent is a woman and is required to undertake journey from Pandharkawada. Second Appeal relates to the year 1999 and was dismissed for not filing private paper book. Since this Court could not hear the appeal itself finally there is no point in blaming the appellant for not filing the private paper book and therefore, adjudication on merits will have to be made in the second appeal. Delay in filing 2 application for restoration of second appeal is, therefore, condoned subject to payment of costs of Rs.1,000/- (Rupees One Thousand Only) payable to Advocate Shri Khan for respondent. MISC. CIVIL APPLICATION ST. NO.6822/2008 Head. For the reasons stated in the application, the same is allowed. Second appeal is restored to file. Since learned Counsel for appellant states that paper book is ready, the same be filed within a period of one week from today. Second Appeal be placed for final hearing in the week commencing from 06.07.2009. Misc. Civil Application stands disposed of. JUDGE ssw