1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1232 OF 2009 IN SECOND APPEAL NO. 393 OF 2005 Shri Vasant Laxman Nisal (since deceased) Through his legal heirs and representatives: 1) Smt. Sudharan Vasant Nisal (since deceased) Through her legal heirs & representatives: 1A Chandrashekhar Prabhakar Nisal & Ors. ... Applicants Vs. Sau. Bhagyashri Chandrashekhar patil ... Respondent Shri Shriram S.Kulkarni, Advocate, for the applicants. Ms.Tanmayi Gadre i/b. Shri N.P.Deshpande, Advocates, for the respondent. CORAM: J.H.BHATIA,J. DATE : 14th September, 2009. P.C. 1. Heard the learned Counsel for the parties. 2. Second Appeal No.393 of 2005 was dismissed on 31.7.2009 on the ground that the Counsel for the appellant had failed to produce any document to show that the order fixing the standard rent was stayed by the Court. The record reveals that on 4.9.2009, Mr. Kulkarni, the learned counsel for the appellant 2 appeared and requested to restore the Second Appeal contending that he had the necessary documents. On that day, the appeal could not be restored because the Counsel for the respondent had already left the Court. 3. The learned Counsel for the appellant offers to deposit some costs with the State Legal Aid Authority in view of the time of this Court having been wasted. 4. In view of the circumstances, the Application is allowed and the order dated 31.7.2009 is recalled. The Application as well as the Appeal are hereby restored to file subject to depositing costs of Rs.2,000/- with the State Legal Aid Authority within one week from today. Subject to depositing costs, the Appeal be listed for admission on 25.9.2009. (J.H.BHATIA,J.)