bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION APPEAL APPEAL APPEAL FROM ORDER NO. 897 OF 2007 FROM ORDER NO. 897 OF 2007 FROM ORDER NO. 897 OF 2007 Mr.Prakash R. Munankar ... Appellant v/s Ramchandra Anant Munankar ... Respondent Mr.Sameer Tendulkar for the appellant. Mr.Prakash G. Lad for the respondent. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 21ST JULY, 2008 21ST JULY, 2008 21ST JULY, 2008 P.C. P.C. P.C.: 1. The appeal from order has been filed against the order refusing to restore the suit which was dismissed as no acceptable case for condoning the delay of about ten months in taking out the notice of motion for setting aside the ex-parte decree and restoration of the suit. 2. The parties have arrived at an agreement whereby the suit can be restored. The appellant herein undertakes to pay the respondent a sum of Rs.10,000/- per month towards the rent of part of the suit premises which is occupied by him till the disposal of Short Cause Suit No.280 of 1997. This statement is without prejudice to 2 the rights and contentions of the parties in the suit. The undertaking shall be filed by the appellant during the course of the day. 3. The appeal from order is disposed of accordingly with the following order:- (i) The ex-parte decree passed in Short Cause Suit No.280 of 1997 is set aside. The suit is restored to file and shall be tried in accordance with law. (ii) During the pendency of the suit, the appellant shall pay the respondent-plaintiff a sum of Rs.10,000/- per month towards the rent of part of the suit premises which are in his occupation. (iii) Suit expedited. 7. In view of disposal of the appeal from order, the Civil Application No.1244 of 2007 also stands disposed of.