IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CIVIL APPLICATION NO. 3869/2008 (Sau. Leelabai Namdeorao Ogale vs. Pimpalkar Builders and ors.) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. CORAM : S.R.DONGAONKAR, J DATED : 28 th AUGUST, 2008. Heard Shri J.Y.Ghurde, Advocate, for the applicant/appellant. None present for R-2 to 4 though served. Shri Kothari, Advocate, appears for R-1. The application has been opposed by learned counsel for R-1. It appears that the appeal of the applicant was dismissed on 28.9.2006 for default in filing the private paper book which was incidently filed on 29.9.2006. It is contended by the learned counsel for the applicant that he was under the impression that the paper book has been filed in time and the matter would be listed for final hearing. But because of the conditional order, it seems that the appeal has been dismissed. In the circumstances of the case and in the interest of justice, this application is allowed. Order of dismissing the first appeal No. 91/2001 dated 28.9.2006 is hereby set aside and the appeal is restored to its original number. This application stands disposed of. JUDGE Rvjalit