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 CIVIL APPLICATION NO.3840 OF 2008 CIVIL APPLICATION NO.3840 OF 2008 CIVIL APPLICATION NO.3840 OF 2008 IN IN IN FIRST APPEAL NO.3598 OF 2005 FIRST APPEAL NO.3598 OF 2005 FIRST APPEAL NO.3598 OF 2005 The State of Maharashtra ..Applicant. V/s. Mahadu Santu Bhoir & Anr. ..Respondents. Mr.A.R.Patil, A.G.P. for applicant. CORAM : P.B.MAJMUDAR AND CORAM : P.B.MAJMUDAR AND CORAM : P.B.MAJMUDAR AND J.P.DEVADHAR, JJ. J.P.DEVADHAR, JJ. J.P.DEVADHAR, JJ. DATED : 8TH DECEMBER, 2008. DATED : 8TH DECEMBER, 2008. DATED : 8TH DECEMBER, 2008. P.C. :- P.C. :- P.C. :- 1. Heard the learned counsel for the applicant. Learned counsel for the applicant states that since the deficit court fees was not paid, in view of the conditional order passed by the Additional Registrar dated 9/2/2005, the appeal stood dismissed within a period of 14 days from that date. Learned counsel for the applicant has submitted that now the deficit Court fees have been received and in view of the same the order of the Additional Registrar dated 9/2/2005 be set aside and the applicant may be permitted to deposit deficit the court fees. - = : 2 : = - 2. Considering the facts and circumstances of the case, the order of the Additional Registrar dated 9/2/2005 is set aside and the appeal is restored to the file on condition that the Applicant shall pay the deficit Court fees within a period of 2 weeks from today. 3. Civil Application is disposed of accordingly with no order as to costs. (P.B.MAJMUDAR (P.B.MAJMUDAR (P.B.MAJMUDAR J.) J.) J.) (J.P.DEVADHAR, J.) (J.P.DEVADHAR, J.) (J.P.DEVADHAR, J.)