1 (CAS 427 of 2011) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 427 OF 2011 IN SECOND APPEAL NO. 515 OF 2000 Chima Narayan Phuge (since deceased through LRs.) ...Applicants Vs. Baban Bahu Shinde and ors. ...Respondents ----- Mr.D.S. Khandve for Applicants Mr.V.V. Pai a/w. Ms. Usha Y. Thakur for Respondent Nos.1 to 3, 4(i), 4(ii), 4(iv), 4(v), 5(i) to 5(iv) ----- CORAM: V.M. KANADE J. DATED: 1st April, 2011 P.C. 1. Heard the learned counsel appearing on behalf of the Applicants and the Respondents. 2. By order dated 24th February, 2011, this Court was pleased to recall the order dated 8.2.2010, by which order, the second appeal was dismissed for want of prosecution. However, a condition was imposed that the case of Rs.1000/- should be paid to the Respondent Nos.2 and 3 within a period of two weeks. 3. It is submitted that the Applicants had sent the said cost of Rs.500/- each to Respondent Nos.2 and 3 by money order. However, the Respondent No.3 refused to 2 (CAS 427 of 2011) accept. It is submitted that the Applicant is ready to pay the cost to the Respondent No.3’s counsel. 4. Liberty is granted to the Applicant to pay the cost of Rs.500/- to the Respondent No.3’s counsel within a period of two weeks from today. Conditional order dated 24.2.2011 is withdrawn. Second appeal is restored to the file. Civil Application is disposed of. 5. Place the second appeal along with civil application on the admission board on 20th April, 2011. (V.M. KANADE J.)