1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 897 OF 2009 IIN SECOND APPEAL NO. 222 OF 2008 Smtl Sarojini Anil Sansare ... Applicant Vs. David Balasaheb Khabade & Ors. ... Respondents Mr. Vinod Wagh, Advocate, for the applicant. Mr. Amit Shete i/b. Amit B.BrkarAdvocate, for the respondent No.2. CORAM: J.H.BHATIA,J. DATE : 2nd September, 2009. P.C. 1. Heard the learned Counsel for the parties. 2. This application is filed for restoration of the Second Appeal No.222 of 2008 which was dismissed in default on 23.7.2008. The record reveals that the said Appeal was once dismissed in default and was restored. After its restoration, again none was present for the appellant. On the adjourned date also repeatedly the matter was called and none was present for the appellant. It is material to note that the present application for restoration of the Second Appeal was also dismissed in default and it is restored today. This shows that the advocate 2 appearing for the appellant is not diligent in attending the Court. 3. Therefore, in the interest of justice, the application is allowed subject to payment of costs of Rs.2,000/- to be deposited with the State Legal Authority within two weeks from this day. If costs is not deposited within the stipulated period, this Application shall be deemed to have been dismissed. Application stands disposed of. (J.H.BHATIA,J.)