1 caf3945-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION rpa CIVIL APPLICATION NO. 3945 OF 2009 IN FIRST APPEAL NO.78 OF 2000 S.M. Kadrekar .. Appellant V/s. Kersi Ardeshir Rabadi & Ors. .. Respondents And Sushma Shivram Kadrekar & Ors. .. Applicants .... Mr. Satyajeet Mirajkar i/b. Gabriel Pillai for the applicant. Mr. Rahul D. Motkari for respondent No.1. Mr. A.R.Patil, AGP for respondent No.2. Ms. Varsha Palav for respondent No.3. .... CORAM : A. S. OKA, J. DATE : JANUARY 28, 2011. P.C. Heard the learned counsel appearing for the applicants. Application is opposed by the learned counsel appearing for the respondents. The Appeal has been dismissed as the advocate for applicant failed to file paper book within stipulated time. The applicants cannot be allowed to suffer on account of default of their advocate. 2 caf3945-09 2. Hence, Civil Application is disposed of by passing following order : :: O R D E R :: i. Order of dismissal of the Appeal is set aside and the Appeal stand restored subject to condition that the applicants will comply with the order dated 30 th January, 2008 within a period of six weeks from today. If compliance is not made within the stipulated time, the order of dismissal will stand. JUDGE