1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3241 OF 2009 N FIRST APPEAL NO.2457 OF 2005 Smt.Vithabai Sukhdeo Meherkar (Nirali) )..Applicant V/s. The State of Maharashtra & Anr. )..Respondents ---- Mr.Sagar Joshi i/by S.M.Oak for the applicant. Smt.S.P.Manehekar AGP for the State. ---- Coram : R.S.MOHITE,J Date : 7th January, 2010 PC 1 This is an application for restoration of the First Appeal. The First Appeal was dismissed for non removal of objections by conditional order dated 10.3.2006. The present Civil Application was taken out after delay of 3 years on 22.6.2009. Though there is a substantial delay in filing of the application, it is noticed that the First Appeal is of the year 2005 and the same would not have normally appeared on the board even till this date. In the interest of justice, I am inclined to allow the application subject to payment of cost of Rs.1000/- which would be paid to the respondent no.1 within a period of four weeks from today. Civil Application stands disposed off. First Appeal to proceed. (R.S.MOHITE,J) 2 3