１ IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 9583 OF 2009 IN SECOND APPEAL NO. 650 OF 2009 Jyoti w/o Shivajirao Ranjanikar ... APPLICANT V E R S U S Dattatraya s/o Bhimrao Ranjanikar ... RESPONDENT ________________________________________________________ Shri. B. N. Patil, Advocate for the applicant Shri. S. S.Choudhary, Advocate for respondent ________________________________________________________ [ CORAM : A.V. NIRGUDE, J. ] DATE : 25TH SEPTEMBER, 2009 PER COURT : 1. Heard. 2. The appeal can be decided finally at this stage. The respondent filed the suit for evicting the appellant from her residential house. The appellant filed written statement but did not cross examine the respondent. She neither entered the witness box to put forward her case, obviously the suit was decreed. The appellant then filed appeal, but unfortunately the request for remand was rejected. ２ 3. I think, looking to the relationship between the parties and long standing user of the suit house by the appellant, she deserves an opportunity to contest the suit on merits, but she will have to pay costs to the respondent. On the appellant’s depositing Rs.15,000/- as costs in the trial Court on or before 29th October, 2009, the appeal shall stand allowed and the Judgment and decree passed by the Courts below shall stand set aside. In case, the amount is not deposited, this appeal shall stand dismissed. In case, the amount is deposited, the lower Court shall make endeavour as far as possible to dispose of the suit within three months from the date of depositing of the costs. Appeal and Civil Application disposed of accordingly. [ A.V. NIRGUDE, J ] srm/ca9583.09