IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION (St) NO.7064 OF 2006 In First Appeal No.1076 of 1998 Babasaheb Krishna Ghatage .. Applicant V/s Nabhiraj Appa Dhumal and Ors..Respondents Shri S.L.Kharge for Applicant Shri S.L.Kapse for Respondent CORAM:S.R.SATHE,J. DATED:27th March 2006 P.C.:- 1. Heard Mr.Kharge, learned Advocate for the Applicant and Mr.Kapse, learned Advocate for the Respondents. 2. Admittedly as per earlier order passed by this Court, First Appeal No.1076 of 1998 has been transferred to the District Court, Kolhapur with a direction to dispose of the said appeal according to law. In view of the same, in my opinion, now this Civil Application does not survive in this Court. 3. The learned Advocate for the Applicant submitted that under such circumstances this application be also transferred to the District Court, Kolhapur and be directed to be heard with First Appeal No.1076 of 1998 for which the learned Advocate for the Respondents has no objection. Hence C.A.Stamp No.7064 of 2006 in First Appeal No.1076 of 1998 is transferred to the Court of the District court,Kolhapur with direction that said application be also heard along with this appeal and the same be disposed of according to law. 4. The learned Advocate for the Respondents Shri Kapse submits that he could not get earlier order by which the first appeal was restored subject to cost and he hence he could not deposit the cost till today. He therefore submitted that one week time be granted to deposit the cost. 5. Hence onc week time from today is granted to the applicant-Appellant to deposit the costs. If the cost is deposited accordingly the same is allowed to be withdrawn by the original Respondent no.1 in First Appeal. . C.A.disposed of accordingly. (S.R.SATHE,J.)