1 caf72-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION rpa CIVIL APPLICATION NO.72 OF 2011 IN FIRST APPEAL NO. 1905 OF 2008 Smt. Havabi Hamza Shamsuddin Parker .. Applicant V/s. Abdul Hamid Hamza Parkar & Ors. .. Respondents ..... Mr. Anand Mishra i/b. Mr. A. M. Saraogi for the applicant. Mr. A. P. Wachasundar & Mr. P. U. Sutar i/b. M/s. Meghraj & Associates for respondent No.3. ..... CORAM : A. S. OKA, J. DATE : APRIL 7, 2011. P.C.:- Heard the learned counsel appearing for the applicant and the learned counsel appearing for the third respondent. The application is opposed by the learned counsel appearing for the third respondent. 2. Though there appears to be same default on the part of the applicant, one more opportunity deserves to be granted to the applicant to prosecute the Appeal on merits. 2 caf72-11 3. However, the applicant will have to compensate the third respondent by making payment of the costs quantified at Rs.5,000/-. 4. Hence, application is allowed in terms of prayer clauses (a) and (b) subject to condition that compliance with the order dated 7th October, 2009 passed in Civil Application No.5722 of 2008 will be made by the applicant by depositing an amount of Rs.5,000/- with the Maharashtra State Legal Services Authority within a period of two weeks from today. If the receipt issued by the M.S.L.S.A. is not placed on record within two weeks from today, the order of dismissal of the First Appeal will stand and no further extension of time will be granted. 5. Applicant will pay costs of Rs.5,000/- to the third respondent within a period of three weeks from today. JUDGE