1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.792 OF 2005 IN FIRST APPEAL NO.725 OF 1997 Chandrakant P.Supekar ..Appellant V/s. Tukaram Dadu More & Ors. ..Respondents Mr.Santosh S.Maske for Mr.A.G.Toraskar for the Appellant/Applicant. Mr.Rajesh S.Bhosale h/f. S.S.Lanke for the Respondents. CORAM : R.M.SAVANT, J. DATED : AUGUST 29TH, 2008. P.C. By the above Civil application, the Applicant prays for restoration of First Appeal No.725 of 1997 which has been dismissed for default on 24th January, 2005. On 24th January, 2005 none 2 appeared for the Appellant/Applicant. The First Appeal No.725 of 2007 was admitted on 1st August, 1997 and was pending hearing and final disposal. Shri Bhosale holding for Shri S.S.Lanke for the Respondent No.1 opposes the above Civil Application. 2. For the reasons stated in the Civil Application, the same is allowed in terms of prayer clause 'a'. 3. Resultantly, the first Appeal is restored to file. 4. The Appellant/Applicant to pay costs of Rs.1000/- to Respondent No.1 to be paid within four weeks from date. The said costs are a condition precedent and the Appeal would stand restored only if the costs are paid or receipt in evidence of having paid the said costs is filed, in the event 3 the costs are not paid, the benefit of this order would not ennuse to the Appellant/Applicant. 5. The Civil Application is, accordingly, disposed of. [R.M.SAVANT, J.]