FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 12439 OF 2009 IN FIRST APPEAL (ST.) NO. 4254 OF 2008 (R.C. NO. 835 OF 2009) ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ Heard Shri Dhongade, learned counsel for the applicant and Shri. Korde, learned A.G.P. for the respondent No.1. By order dated 27.6.2008, eight weeks time was granted for payment of Bhatta and on failure to pay Bhatta, within stipulated period, it was clarified that the appeal would stand dismissed for non prosecution, without further reference to the court. For the reasons set out in the application, I am satisfied that non compliance was not deliberate and/or intentional. Hence, civil application is allowed in terms of prayer clauses "B", "C" and "D" with no order as to costs. The applicant to pay Bhatta within three weeks from today. If the Bhatta is paid within stipulated period, notice be issued to the second respondent returnable after six weeks thereafter. (R.G. KETKAR, J.) Date:27.11.2009. rlj/