1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 4558 OF 2010 IN SECOND APPEAL NO. 126 OF 1993 Waman Supdu Patil .. petitioner Versus Premilabai w/o. Raghunath Patil .. Respondent. --- Mr. H.F. Pawar, Advocate for petitioner. Mr. M.N. Navandar, Advocate for the respondent. CORAM : K.U. CHANDIWAL J. DATE : 9th April, 2010 ORAL ORDER :- 1] Heard Mr. Pawar for the appellant. 2] None present on 10/11/1999 when the matter was ready for hearing. It was dismissed. A request to restore the same is made. In the exercise, there is a delay of 108 days. It is informed by Mr. Pawar, Mr. Kapadia, at the material time, faced some health hazard and was operated. Consequently, could not keep track of the matter and faced dismissal. 2 3] considering the appeal having been admitted on 8/4/1993, involving substantial question of law about the interpretation of additional sale deed in terms of Section 58 of the Transfer of Property Act, though primarly some lapse is demonstrated by the appellant, however, same needs to be interfered with. Appeal is restored to its original position. Appellant to pay cost of Rs.1,000 to the respondent within 3 weeks. 4] Keep the appeal for final hearing on 3rd May, 2010. [K.U. CHANDIWALJ.] Grt/-