IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR MISC.CIVIL APPLICATION NO. 879 OF 2010 IN FIRST APPEAL NO.77 OF 2001 (RAMBHAU LAXMANRAO NAGESHWAR....VS.. MOTIRAM DAYARAM POPTANI) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Ms. Anuradha Gupta h/f. Mr. J.M.Gandhi, Advocate for Applicant. Mr. S.V.Purohit, Advocate for Respondent. CORAM : SMT. VASANTI A. NAIK, J. DATED : SEPTEMBER 09, 2010. Heard learned counsel for the parties. The learned counsel for the respondent strongly opposes the prayer made in the civil application and state that the matter was dismissed in default on previous occasion also and the order of dismissal of the appeal was set aside after directing the appellant to pay some costs. However, this time also the matter was unattended. On hearing the learned counsel for the parties and on perusal of the contents of the civil application, the prayer made in the civil application is granted, subject to payment of costs of Rs. one thousand to the respondent within a period of ten days. The costs may be paid to the counsel for the respondent for and on behalf of the respondent for the sake of convenience. The Misc. Civil Application is allowed in the aforesaid terms and disposed of. In case, the costs are paid within a period of ten days the first appeal may be listed for final hearing on 21st September, 2010. JUDGE RR.