1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 2606 OF 2001 IN SECOND APPEAL NO. 434 OF 1998 1. Vithal S/o Shankar Lahugale and another .. .. Applicants Versus 1. Hanuman S/o Shankar Kshirsagar and others .. .. Respondents Shri Mayur Dharmadhirkari, Advocate h/f Mrs. Anjali Bajpai (Dube), Advocate for the Applicants. CORAM : N. D. DESHPANDE, J. DATE : 20TH NOVEMBER, 2009. PER COURT : 1. Mrs. Anjali Bajpai (Dube), the learned counsel for the applicants/appellants is not present, but on her behalf Shri Mayur Dharmadhikari is present and requested for adjournment till tomorrow. From record it is seen that, cost of Rs. 1500/- is not deposited in time i. e. within six weeks, which was a condition precedent for restoration of appeal by recalling order or dismissal of second appeal in default. Thus non compliance was pointed out on the previous date and matter was fixed today for verifying the compliance of the order. Since applicants having failed to comply with the earlier order of restoration of appeal subject to cost which 2 was dismissed in default. The order of dismissal in default is hereby confirmed. The appeal is also accordingly disposed of for non compliance of order i. e. for non payment of cost in time. The adjournment prayed above stands rejected. [ N. D. DESHPANDE, J.] bsb/Nov. 09