1 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1021 OF 2008 CIVIL APPLICATION NO.1021 OF 2008 CIVIL APPLICATION NO.1021 OF 2008 IN IN IN FIRST APPEAL NO. 652 OF 2004 FIRST APPEAL NO. 652 OF 2004 FIRST APPEAL NO. 652 OF 2004 Ram Dadaji Gharat .. Appellant V/s. Smt.Sushila Ramakant Patil .. Respondent Mr.Amol P.Mhatre for the Appellant. None for the Respondent. CORAM : S.S.SHINDE, J. CORAM : S.S.SHINDE, J. CORAM : S.S.SHINDE, J. DATE : MAY, 2ND, 2008. DATE : MAY, 2ND, 2008. DATE : MAY, 2ND, 2008. P.C. P.C. P.C. . Heard advocate for the Appellant. Rule. This Civil Application is filed by the Appellant praying that conditional order passed by this court on 28th April, 2006 should be set aside and appeal should be restored to its original file. 2. On 28th April, 2006 this Court passed the following order : 1. Time is granted to pay Bhatta till 30th June, 2006. If Bhatta is not paid on or before the said date Appeals and/or Applications will stand dismissed for want of prosecution 2 without further reference to the Court. 2. If Bhatta charges are paid on or before the stipulated date, office will issue fresh notice to the concerned Respondents returnable on 11th December, 2006. 3. The Appellant did not take steps to pay Bhatta charges on or before stipulated date therefore as per order dated 28th April, 2006 Appeal and Application stood dismissed in default. 4. After going through the Application and arguments advanced by the learned counsel appearing for the Appellant, I am satisfied that order dated 28th April, 2006 needs to be recall. The order dated 28th April, 2006 is recalled subject to payment of costs of Rs. 2,000/- (Rs.Two Thousand only). The First Appeal and Application restored back to its original file. The Appellant shall deposit the amount of costs in the registry after the said amount is deposited, the same to be diverted to the Maharashtra Legal Aid Services Authority. The Application is disposed of. (S.S.SHINDE,J.) (S.S.SHINDE,J.) (S.S.SHINDE,J.) 3