- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6169 OF 2006 1.Shri.Ramchandra Rajaram Mane and others. ...Petitioners VS. Sou.Nirmala Balasaheb Deshmukh ...Respondent --- Mr.Macchindra Deshmukh i/b. Milind Deshmukh, for Petitioners. Mr.K.B.Sonwalkar, for Respondent. CORAM: D.K.DESHMUKH, J. CORAM: D.K.DESHMUKH, J. CORAM: D.K.DESHMUKH, J. DATED: 25th January,2008. DATED: 25th January,2008. DATED: 25th January,2008. P.C. P.C. P.C.: 1. Rule returnable forthwith. Heard finally by consent of parties. 2. The petitioners by this petition challenges the order passed by the Additional District Judge Malshiras in Miscellaneous Civil Application no.59 of 2004. By that order the appellant Court has rejected the application filed by the present petitioners for restoration of his appeal which was dismissed for - 2 - want of prosecution. There is an order of temporary injunction passed by the trial Court against the present petitioners. Then the petitioners filed an appeal challenging that order. That appeal was fixed for admission before the Appellate Court. On that date the lawyer of the petitioners did not appear and therefore, the appeal was dismissed. Then a miscellaneous application was taken out. That application was filed for restoration of that appeal. That application has been rejected by the order impugned. 3. Heard the learned Counsel appearing for both the sides. It is true that the reason that was disclosed in the application for restoration cannot be termed as sufficient cause strictly, but in my opinion, considering that the substantial rights of the parties are involved in the appeal and the appellate is willing to pay cost to the other side, the following order would meet the ends of justice:- . The order dated 26.7.2006 passed by the Additional District Judge, Malshiras in Miscellaneous Civil application no.59 of 2004 is set aside. . Civil Miscellaneous appeal no.89 of 2003 is - 3 - restored to file. The appellate Court is directed to hear that appeal for admission. This will be subject to payment of Rs.3000/- as cost of this petition by the petitioners to the respondent. The amount of cost shall be deposited by the petitioners before the Appellate Court within a period of four weeks from today. . The appellate Court shall permit the respondent to withdraw the cost. If the amount of cost is not deposited within the aforesaid period, this petition shall be treated as dismissed. . Rule is made absolute accordingly. ---