1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.2579 OF 2008. APPLICATION NO.2579 OF 2008. APPLICATION NO.2579 OF 2008. IN IN IN FIRST FIRST FIRST APPEAL NO.2010 OF 2006. APPEAL NO.2010 OF 2006. APPEAL NO.2010 OF 2006. Kesarinath Bhiva Patil and ors. : Appellants. versus State of Maharashtra : Respondent. Mr.S.S.Redekar h/f Mr.V.S.Khanavkar for the appellants Ms.S.P.Manchekar, AGP, for the State. CORAM CORAM CORAM : S.S.SHINDE, J. : S.S.SHINDE, J. : S.S.SHINDE, J. DATED DATED DATED : MAY 05, 2008. : MAY 05, 2008. : MAY 05, 2008. P.C. P.C. P.C. 1. Rule. Rule returnable forthwith. Heard the learned advocate appearing for the appellants and learned AGP appearing for the State. 2 2. This is an application for restoration of the appeal which was dismissed for non prosecution by order dated 07.06.2007. The order dated 07.06.2007 is recalled and the appeal is restored to its original position subject to depositing costs of Rs.3,000/- by the appellants in the Registry. Costs to be deposited within a period of four weeks from today. Payment of costs is a condition precedent. On depositing the costs of Rs.3,000/-, the same shall be credited to the Maharashtra Legal Aid Services Authority. The appellants to file paper book and decree form within a period of eight weeks from today. The rule is made absolute to the extent above. Application is disposed of. [S.S.SHINDE, [S.S.SHINDE, [S.S.SHINDE, J] J] J]