((-1-)) mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.37 OF 2008 IN FAMILY COURT APPEAL NO.169 OF 2007 Sahebrao Maruti Kavitke Appellants versus Usha Sahebrao Kavitke Respondents H.H.Mirashi for appellants. CORAM : SMT.RANJANA DESAI AND SMT.R.P.SONDURBALDOTA, J. DATE : 26th June 2008 PC : 1. On 24th September 2007 this Court directed the office to issue notice on the condition that the appellant shall deposit a sum of Rs.5,000/- towards initial expenses of litigation. It appears that Rs.5,000/- was not deposited as directed. On 23rd October 2007 since learned counsel for the appellant was absent, this Court dismissed the appeal for want of prosecution. Hence, the appellant has filed present application praying that the appeal may be restored. ((-2-)) 2. We have heard learned counsel for the appellant. Learned counsel submitted that he was suffering from Typhoid and was admitted to hospital and therefore, he could not take necessary steps. He states that Rs.5,000/- will be deposited within two weeks from today. The statement is accepted. Appeal is restored subject to deposit of Rs.5,000/- within a period of two weeks from today i.e. till 10th July 2008. If amount is deposited, office to issue notice to respondents returnable two weeks thereafter i.e. on 24th July 2008.. The deposited amount can be withdrawn by the respondent-wife without furnishing security. Civil Application is disposed of. JUDGE JUDGE