- 1 - rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION CIVIL APPLICATION NO.261 OF 2008 IN FAMILY COURT APPEAL NO.48 OF 2003 Mr.Nandkumar Dattratraya Barne ... Applicant vs Mrs Vandana Barne Respondent .. Mr.Mahendra Agavekar i.b.Mr.Mandar Limaye for Applicant Mr.Prasad S.Naran i.b Mr.S.S.Kulkarni for Respondent. CORAM: V.C.DAGA AND R.V.MORE,JJ DATED: September 29, 2009 P.C. 1. Heard learned counsel for the appellant and learned counsel for the respondent. No reply to this application has been filed. The appeal appears to have been dismissed on 25th July, 2006. The knowledge about the dismissal of the appeal appears to have been acquired on 7th August, 2008. The present application appears to have been filed immediately within 20 days thereafter. However, since then the application is pending. It was expected on behalf of the applicant to get the matter circulated and to seek urgent orders for restoration of the matter. Negligent on the part of the applicant is writ large. However, in the interest of justice order dated 25th July, 2006 dismissing the appeal is - 2 - recalled. Appeal is restored to file subject to payment of costs of Rs.5000/- to be deposited within two weeks from today failing which the the present application shall be deemed to have been rejected. In the event of deposit, the respondent would be entitled to withdraw the costs so deposited. R.V.More, J V.C.Daga, J - 3 -