1 CA-1399-08 in SA.No.645-07 mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1399 OF 2008 IN SECOND APPEAL NO.645 OF 2007 Smt Shakuntala Bhau Patil & Ors. ..Applicants Vs. Shri Kumgonda Adgonda Patil & Ors. ..Respondents Shri. A.M.Shetye h/f for Shri Amit Borkar for the Applicants None for the Respondents Coram: R.M.SAVANT, J Date: 30th July 2010 P.C. 1. By the above Civil Application, the Applicants seek restoration of the above Second Appeal which has been dismissed for non prosecution by order dated 28-4-2008. The reasons why the Learned Advocate for the Applicants could not remain present in Court on the said date have been mentioned in paragraph No. 4 of the Civil Application. For the said reasons, the Civil Application is allowed and the same is accordingly disposed of. Resultantly, the above Second Appeal is restored to file. 2 CA-1399-08 in SA.No.645-07 2. However, the Learned Advocate for the Applicants would have to pay costs of Rs.2000/- the same to be paid to the High Court, Legal Services Authority within a period of two weeks. The benefit of this order would enure to the Applicants only if the Learned Advocate produces the evidence of having deposited the said costs. In case the said costs are not paid within the time stipulated in this Order, the Second Appeal would remain dismissed for default. (R.M.SAVANT, J.)