1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL JURISDICTION REVIEW PETITION NO.10 OF 2008 IN FIRST APPEAL NO.584 OF 1989 Jethalal Bhanji Padia ...Petitioner. v. 1 Laxminarayan Ramchandra Bhattad & Ors. ...Respondents. Mr. H.S.Shreepad Murthy, adv. For the Appellants. Mr. N.V.Vimadalal, adv. For the Respondents. CORAM : J.H. BHATIA, J. DATED : 9th September , 2009 P.C. 1 Heard the learned counsel for the Parties. 2 This review petition is against the judgment passed by this Court in First Appeal No.584 of 1989 on 10.2.04. It appears that none was present for the present applicant, who was respondent in the appeal and defendant in the original suit. Though application is made for review of the judgment under Order 47, I find that in view of the provisions of Order 41 Rule 21 appeal can be re-heard if it is disposed off ex-parte. 3 After some discussion at the bar, with consent of the learned counsel for the both the parties, application is allowed. Judgment dated 10.2.04 is hereby recalled and the appeal is restored for hearing afresh 2 subject to condition that the applicant/respondent in the appeal shall pay cost of Rs.15,000/- to the appellant and shall also deposit cost of Rs. 10,000/- with State Legal Aid Authority within six weeks from this date. If cost is deposited within six weeks, appeal shall be listed for final hearing. However, if the cost is not deposited/paid within stipulated period, this application shall be deemed to have been dismissed. (J.H. BHATIA,J.)