1 HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION. CIVIL APPLICATION NO.663/2009 IN CIVIL APPLICATION NO.5903/2007 IN FIRST APPEAL No.291/2008 Suresh Atmaram Waghmare. ..Applicant -VERSUS- Saubai Atmaram Waghmare. ..Respondent ......... Mr.Mohan A. Dharmaraj, Advocate for the applicant. Mr.R.A.Thorat, Advocate for the respondent. .......... CORAM : A.P.DESHPANDE, J. DATED : 17TH FEBRUARY, 2009. P.C. : 1. By the present application, the prayer is made by the applicant/appellant for recalling of the order dated 15.09.2008. According to the learned counsel for the applicant, the said order has been passed erroneously and under assumption that Bhatta charges are not paid. He submits that the Bhatta charges are paid. At any rate the learned counsel for the respondent is appearing before this Court. 2. In that view of the matter, the order dated 15.09.2008 stands recalled and the application for stay is restored to the file. 3. At this stage, the learned counsel for the respondent 2 makes a statement that the applicant is in arrears of payment of the amount as directed by this Court in the order dated 28.03.2008. 4. The learned counsel for the applicant/appellant submits that he has deposited the amount up to the month of November, 2008 and further makes a statement that the amount in arrears till today will be deposited by 21st of this month. The said statement is accepted. 5. The present application is disposed of. Let the stay application to come up after two weeks. JUDGE