1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1349 OF 2009 WITH CIVIL APPLICATION NO.3681 OF 2009 Lalchman L. Nagpal. ..Appellant. Vs. B.M.C. and ors. ..Respndents. Mr.N.P.Bhavsar for the Appellant. Mr. Vinod Mahadik for the B.M.C. CORAM : R.S. MOHITE, J. DATE : 29th January, 2010 PC : 1 Heard both sides. 2 Admit. 3 By consent, appeal is heard forthwith. It appears that the decree has been passed because the plaintiff did not remain present. In my view, in the interest of justice, it is desirable that the matter may be decided on merits. It also does appear that the plaintiff has been negligent but in spite of his negligence and absence on some dates, 2 I am inclined to allow the appeal subject to payment of costs. In the circumstances, impugned judgment and decree is set aside subject to payment of costs of Rs.2500/- which will be paid to the B.M.C. within a period of three weeks from today. Appeal stands allowed accordingly. CIVIL APPLICATION NO.3681 OF 2009 1 As the first appeal is disposed off, this civil application does not survive and the same also stands disposed off. ( R.S. MOHITE, J.) `