-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 SECOND SECOND SECOND APPEAL NO.748 OF 2007 APPEAL NO.748 OF 2007 APPEAL NO.748 OF 2007 Suresh Anna Sawalwade ...Appellant vs. Sumati Suresh Sawalwade ...Respondent Mr.Rupesh Bobade h/f Mr.Umesh Mankapure for the Appellant Mr.Nitin Mulye for Respondent CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATE DATE DATE : JANUARY 22,2008 : JANUARY 22,2008 : JANUARY 22,2008 P.C.: P.C.: P.C.: 1. Heard Advocates for the parties. The order dated 29th October 2007 passed by this Court reads thus : . "Heard learned counsel for the appellant. . Mr.Mankapure, learned counsel for the appellant, at the outset, submits that he has instructions to press this appeal only against the order directing the appellant to return gold or the amount of Rs.75,000/- to the respondent-wife. He submits that the appellant will deposit fifty percent of the amount of Rs.75,000/- in the trial court within six weeks from today. His statement is accepted. If the appellant fails to deposit the amount as aforesaid, this Appeal shall stand dismissed for non prosecution without further reference to the court. Stand over for six weeks." -2- 2. When this Appeal was placed on board on 9th January 2008, this court observed that there was nothing on record to show that the Appellant has complied with the earlier order dated 29th October 2007. Therefore, the Appeal was ordered to be kept today for dismissal. The learned Advocate for the Appellant is unable to satisfy this court that the order dated 29th October 2007 is complied with by the Appellant. 3. In the circumstances, the Appeal stands dismissed for non prosecution. The Appellant to pay costs of Rs.5,000/- of this Appeal to the first Respondent. The amount of costs to be paid within a period of eight weeks from today. JUDGE JUDGE JUDGE