1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 5890 OF 2006 IN SECOND APPEAL NO. 704 OF 2003 Laxman S/o Sakharam Darandale .. .. Applicant Versus 1. Machindra Deoram Suryawanshi Died through L.R.s 1A Subhash Machindra Suryawanshi and others .. .. Respondents Shri N. E. Deshmukh, Advocate h/f Shri S. B. Talekar, Advocate for the Applicant. Shri D. B. Rode, Advocate h/f Shri S. D. Kulkarni, Advocate for the Respondent No. 1A to 1E. CORAM : N. D. DESHPANDE, J. DATE : 11TH DECEMBER, 2009. ORAL ORDER : 1. Heard Shri Deshmukh, learned counsel holding for Shri S. B. Talekar, learned counsel for the applicant and Shri Roade, learned counsel for the respondents. The appeal was dismissed on account of non payment of bhatta. The learned counsel for the appellant undertakes to pay bhatta immediately after the application for restoration is allowed by setting aside the order. 2 2. The impugned order is dated 27.11.2003 passed by learned Registrar. The application is allowed. The impugned order is set aside. The appeal is restored only on payment of bhatta within a period of one week from today. Failing to that appeal shall stand dismissed without back reference to this Court. The second appeal is restored on the above terms and accordingly disposed of. [ N. D. DESHPANDE, J.] bsb/Dec.09