1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1644 OF 2009 IN SECOND APPEAL NO.25 OF 2007 Anant Bhimaji Hajare & anr. ..Applicants V/s. Haribhau Maruti Hajare(deceased) ..Respondents through legal heirs & ors Mr.R.B.Paranjpe, Advocate, for the applicants Mr.Manish Upadhye, Advocate, for the respondent Nos.1 to 3 CORAM : C. L. PANGARKAR, J. DATE : 1ST FEBRUARY, 2010 P.C. . Heard the learned counsel for the parties. 2. The learned counsel for the respondent Nos.1 to 3 submits that the cheques were issued in their favour by the Special Land Acquisition Officer and delivered to them on 18th January, 2010. 2 3. This Court has passed an Order on 22nd January, 2010, directing that the compensation shall not be disbursed by the concerned Authority. It seems that the amount has already been disbursed and in the circumstances, the application for grant of stay has become infructuous. The learned counsel for the applicants also brings to my notice a letter dated 19th January, 2010, written to him by the Special Land Acquistion Officer No.13. After having gone through the letter it is apparent that the cheques were disbursed on 22nd January, 2010 and a copy of the application was delivered to the Special Land Acquisition Officer No.13 which did not accompany the Order of the Court. The letter further shows that there was no communication to the Special Land Officer No.13 until 22nd January, 2010 of passing of the Order of this Court. In the circumstances, the applicants desire to file a separate application making specific prayer in the application which can 3 be considered after hearing the application. 4. This application has been moved for restoration of the Second Appeal which came to be dismissed for default on 17th July, 2009. 5. The application discloses that the lawyer from Pune used to attend the said Appeal and on the said date he could not attend the Court and one Mr.Bhosale was to attend the Court and before he could appear the matter was already dismissed. The learned counsel for the respondent Nos.1 to 3 submits that this is the second occasion on which the Appeal has been dismissed. Considering this aspect it is necessary that some costs should be imposed. In the circumstances, the applicants to pay Rs.3000/- to the respondents towards costs. On such payment of costs being made, the Appeal shall stand restored to file. The costs to be paid within a period of one week. 4 6. The above Civil Application stands disposed of accordingly. (C.L.PANGARKAR, J.)