:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3229 OF 2005 CIVIL APPLICATION NO. 3229 OF 2005 CIVIL APPLICATION NO. 3229 OF 2005 IN IN IN FIRST APPEAL NO. 917 OF 2004 FIRST APPEAL NO. 917 OF 2004 FIRST APPEAL NO. 917 OF 2004 Sharadchandra N. Avasekar ..Appellant versus Chitrakant N. Avasekar & Anr. ..Respondents Mr. S. Sakhare for the Appellant. Mr. Rupesh Nalavade for the Respondents. CORAM : D. G. DESHPANDE,J. CORAM : D. G. DESHPANDE,J. CORAM : D. G. DESHPANDE,J. DATE : 19TH AUGUST,2005 DATE : 19TH AUGUST,2005 DATE : 19TH AUGUST,2005 P.C. : P.C. : P.C. : 1. Heard. 2. This is an application for setting aside the order of dismissal. Application is strongly opposed by the counsel for the respondents on the ground that this is the second time that the appeal was dismissed and both the times it was on account of negligence of the appellant and/or his Advocate. However, looking to the facts, this application is allowed subject to payment of cost of Rs.2,500/- (Rupees Two Thousand Five Hundred). Cost to be paid within one week. Payment of cost condition precedent. Non payment of the cost will result in maintenance of the earlier order. 19.8.2005 (D.G. DESHPANDE, J.) :2: