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 CIVIL CIVIL CIVIL APPLICATION NO. 4415 OF 2003 APPLICATION NO. 4415 OF 2003 APPLICATION NO. 4415 OF 2003 IN IN IN FIRST FIRST FIRST APPEAL NO. 978 OF 1999 APPEAL NO. 978 OF 1999 APPEAL NO. 978 OF 1999 IN IN IN L.A.R. L.A.R. L.A.R. NO. 197 OF 1992 NO. 197 OF 1992 NO. 197 OF 1992 Dhondu Sakharam Mali deceased thorough ] .. Applicants his legal heirs. ](Ori.Appellants) Versus The State of Maharashtra ] .. Respondents (Ori.Opponent) Mr. A.H. Ahuja for the applicants. Mrs. G.P. Mulekar, AGP, for respondent. CORAM: R.M. LODHA & S.J. VAZIFDAR, JJ. DATED: 17TH JULY, 2006 P.C. : . The Advocate for the applicants undertakes to make up the deficit Court fee of Rs.11,250/- if the Appeal is restored. 2. We are informed that from the impugned judgment and award, 41 First Appeals have been preferred. All these Appeals have been admitted by this Court. 3. In the peculiar circumstances as noticed : 2 : above, we are inclined to condone the delay in filing the Civil Application and recall the order dated 6th June, 2001, subject to the applicants paying Court fee in the sum of Rs.11,250/- within two weeks from today. 4. We clarify that in the event of default in making up deficiency in the Court fee within aforestated time, the Appeal shall stand dismissed. 5. Civil Application stands disposed of. Sd/- [R.M. [R.M. [R.M. LODHA, J.] LODHA, J.] LODHA, J.] Sd/- [S.J. [S.J. [S.J. VAZIFDAR, J.] VAZIFDAR, J.] VAZIFDAR, J.]