1 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1283 OF 2010 IN APPEAL FROM ORDER NO.169 OF 2000 Ursula Patel & ors .Applicants V/s. Jamal Zamindar .Respondent Mr.R.D.Mello, Advocate, for the Applicants Mr.Saeed Akhtar, Advocate, for the Respondent CORAM : R.C.CHAVAN, J. DATE : 12TH DECEMBER, 2011 P.C. . Heard the learned counsel for the respective parties. 2. This is an application for setting aside the Judgment delivered by me on 19th July, 2010 ex-parte, since none appeared for the applicants-respondents on three occasions. The learned counsel for the applicants is right in submitting that the matter was heard not on one day but on three-four dates and all along the 2 respondents were absent. All the same, since it would be eminently desirable that the appeal is heard on merits, Civil Application is allowed subject to applicants' paying to the original appellant i.e. Jamal Zamindar costs quantified at Rs.5000/- within a period of one week. Judgment dated 19th July, 2010 is set aside and the matter is listed for a fresh hearing. If the costs are not deposited, the order shall stand revoked. If the costs are not accepted by the respondent or his Advocate, costs may be deposited before the scheduled date in the registry of this Court. (R.C.CHAVAN, J.)