:1: :1: :1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.375 OF 2008 Sheshnath Agnusingh Thakur .. Appellant. Vs. The Maharashtra Housing & Area Development Board & Ors. .. Respondents. Mr.M.S.Kumthekar for the appellant. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 25TH MARCH, 2009. DATED : 25TH MARCH, 2009. DATED : 25TH MARCH, 2009. P.C.: P.C.: P.C.: . Heard learned counsel for the appellant. None for the respondents, though served. 2. By this appeal from order the appellant has impugned an order dated 13.2.2008 by which notice of motion No.2880 of 2006 has been rejected. That notice of motion was taken out for setting aside the order dated 28.3.2006 passed in notice of motion No.2658 of 2005 in notice of motion No.4709 of 2002 in L.C.Suit No.5085 of 1997, seeking restoration of notice of motion No.2658 of 2005 and allowing the appellant to pay Rs.2,000/- as costs to the other side as per the order passed in the said notice of motion. I have perused the impugned order. Having regard to overall facts and circumstances of the case and in the interest of justice I deem it appropriate :2: :2: :2: to allow this appeal from order. Hence the following order: . The impugned order dated 13.2.2008 is set aside. Notice of Motion No.2658 of 2006 is restored to file. The appellant to pay costs of Rs.2,000/- to other side as per the order dated 28.3.2006 within two weeks from today, failing which notice of motion No.2658 of 2005 shall stand dismissed for non prosecution without further reference to the court. The appellant to pay the costs by demand draft to respondent no.1 - MHADA. . The City Civil Court shall decide notice of motion No.2658 of 2005 taken out by the appellant on merits in accordance with law. While passing this order I shall not be understood to have examined merits of notice of motion No.2658 of 2005 and the city civil court shall decide the said notice of motion without being influenced by this order and after giving an opportunity of being heard to the other side. The appeal is, accordingly, disposed of. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)