1 cas1931-10 ttm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1931 OF 2010 IN CIVIL APPLICATION NO.2356 OF 2005 IN SECOND APPEAL ST.24381 OF 2005 Chandrakant Raghunath Mhatre .. Applicants Vs. Mahadeo Dadu Mhatre and Ors. .. Respondents Mr.S.K.Chaurasiya i/b Mr.Yogesh M. Nakhwa for the applicant Mr.S.G.Karandikar for the respondents CORAM: K.K. TATED, J. DATE: 14TH JANUARY, 2011 P.C. 1. Heard the learned counsel for the parties. 2. This Civil Application is for restoration of second appeal which was dismissed in view of the order dt.7.12.07. 3. The learned counsel for the applicant submits that this court (Coram: A.S.Oka, J) has passed the order on 7.12.07 directing applicant to comply with the order dt.21.4.07 by paying cost within a period of 3 weeks. He submits that as per order dt.7.12.07 they deposited costs on 13.12.07. A 2 cas1931-10 xerox copy of receipt is annexed on page 10. Inspite of that, the office shows that the applicant failed to comply with the order dt.7.12.07 and therefore, second appeal stamp no.24381 of 2005 is dismissed/rejected. 4. Considering the submissions made by the learned counsel for the applicant and the averments made in Civil Application, it is clear that the applicant complied the order dt.7.12.07 within time. 5. Civil Application is allowed. Second Appeal is restored. Civil Application is disposed of accordingly. In view thereof, Civil Application No.2356 of 2005 does not survive. The same is also disposed of accordingly. (K.K. TATED, J.)