IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1555 OF 2007 IN FIRST APPEAL NO.193 OF 1989 Shriniwas Shankar Potnis & Ors. ..Appellants V/s. Raghukul Sahakari Grihrachana Sanstha Maryadit & Anr. ..Respondents Mr.Rajlakshmy Mohandas i/b.A.L.M.T.Legal for the Appellants/Applicants. Mr. S. B. Deshmukh i/b. A. V. Anturkar for Respondent.No.1. Mr.Sachin Chavan i/b.S.S.Kulkarni for Respondent No.2. CORAM : R.M.SAVANT, J. DATED : AUGUST 29TH, 2008. P.C. By the above Civil Application the Applicants/Appellants pray for restoration of the above First Appeal No.193 of 1989 which was dismissed for default on account of non-appearance of the learned Advocate for the Appellant on said day. The reasons for the absence of the Advocate in the said date have been mentioned in the above Civil Application. The learned counsel for the Respondent No.1 Shri. S.B.Deshmukh opposes the Civil Application on the ground that on two other occasions in the past, the Appeal has been dismissed for default and therefore prays that unless some conditions are imposed, the Appeal may not be restored to file. Shri Deshmukh further states that in the event the Appeal is restored to file, it may be placed for final hearing at the earliest. 2. Considering the statement made on behalf of the Respondent No.1, as also considering the fact that the Appeal is pending since the year 1989 interest of justice would be served if the Civil Application is allowed in terms of prayer clause 'a', subject to the Appellant/Applicant paying costs of Rs.2,000/- to the Respondent No.1 Society to be paid within four weeks from date. In the event said costs are not paid, as directed herein above, the benefit of this order would not ennure the Appellants/Applicants. In the event costs are paid and the Appeal is restored to file, list the above Appeal for final hearing in the week commencing 29th September, 2008, to be shown at its appropriate place on the final hearing board. [R.M.SAVANT, J.]