1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 131 OF 2010 Adhar malhari Pawar & Anr. ... Appellants (Org.defendants) Vs. Sunil Bhaurao Pagar ... Respondent (Org.Plaintiff) Mr.S.S.Redeka,Advocate, for the appellants. Mr.Sandeep Dilip Shinde,Advocate, for the respondent. CORAM: J.H.BHATIA, J. DATE : 6th April, 2010. P.C. 1. Heard the learned Counsel for the parties. 2. After some discussion, with consent, the appeal is allowed subject to payment of costs of Rs.5000/- by the defendants/appellants to the plaintiff/respondent. The costs to be deposited with the trial Court within 3 weeks from this day and the plaintiff shall be allowed to withdraw that amount. The impugned order is hereby set aside. The application for condonation of delay and for restoration is allowed. The exparte judgment and decree passed in Special Civil Suit No.264/2005 is hereby set aside. The suit is restored to file of the Court 2 of Joint Civil Judge, Senior Division, Nashik, for hearing and disposal as per law. The Court shall expedite the hearing and dispose of the suit as early as possible. 3. As the appeal itself is disposed of, C.A. No.192 of 2010 does not survive and stands disposed of accordingly. (J.H.BHATIA,J.)