1 CA-94-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 94 OF 2011 IN APPEAL FROM ORDER NO.422 OF 2010 Anil Gulabrao Deshmukh ... Applicant vs. Shri Vilas Parshuram Shinde & Anr. ... Respondents Shri Ajit J. Kenjale,Advocate for the applicantt. CORAM: J.H.BHATIA,J. DATE : 11th July, 2011. P.C. 1. Heard the learned Counsel for the applicant. 2. Appeal and the Application filed by the applicant were dismissed in default on 13.12.2010. It appears that initially the matter was called and at the request of the Advocate for the appellant, the matter was kept back. When the matter was called second time, none appeared and therefore, it was required to be dismissed. The applicant wants the said appeal and application to be restored. Notice was not issued to the respondent before the matter was dismissed. 3. In view of the above, subject to payment of costs of Rs.1,000/- with 2 CA-94-11.sxw the State Legal Authority within two weeks, the present application is allowed in terms of prayer clause (a). If the cost is not deposited within the stipulated period, this application shall be deemed to have been rejected. (J.H.BHATIA,J.)