53cao1131.09.odt 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Civil Application No. 1131 of 2009 in M.C.A. St. No.18712 of 2009 in S.A.No.141 of 2007 (Kundlik Shivram Vaidya .vs. Abhiman Shivram Vaidya) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: R. K. Deshpande, J. Date : March 05, 2010. Heard Mr. A.M.Gedam, Adv. for applicant and Ms Ritu Kaliya, Adv. for respondent. Civil Application No. 1131 of 2009 is for condonation of delay of two months and four days caused in filing application for restoration of Second Appeal No.141 of 2007. There is also application filed for restoration of appeal. Ms Kaliya, Adv. for respondent has pointed out that this is the third default. On the earlier two occasions, the matter was dismissed in default and it was restored. Hence, the condonation of delay and restoration of matter shall be subject to payment of costs. Both the Civil Applications i.e. Civil Application No.1131 of 2009 and Misc. Civil Application St. No.18712 of 2009 are allowed subject to the appellant paying costs of Rs.5,000/- to respondent within a period of two weeks. If the amount is not paid the matter shall stand dismissed. JUDGE jais 53cao1131.09.odt 2 .