* 1 * IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1986 OF 2009 IN FIRST APPEAL NO. 511 OF 2009 W I T H CIVIL APPLICATION NO. OF 2009 IN FIRST APPEAL NO.511 OF 2009 Shri.Subhash D. Patil .... Appellant V/s. Shri.Dashrath Kalidas Patel since decd.thru Lrs ....Respondents ========== Smt.Lalita Panchakshari, adv.for appellant. Mr.Tanaji Mhatugde h/f.Mr.S.B.Deshmukh, adv.for respondents. CORAM: SMT.R.P.SONDURBALDOTA, J. DATED: 7TH MAY, 2009. P.C. :- 1. By the this order, Civil Application No.1986 of 2009 and the Civil Application presented today to the court are being disposed off. 2. By the order dated 19th March, 2009 passed on Civil Application NO. 2679 of 2005, the appellant was directed to deposit the entire decreetal amount in the court on/or * 2 * before 30th April, 2009, as a condition precedent for condonation of delay in filing the appeal. The appellant failed to deposit the amount as per the order. Therefore, he took out Civil Application No. 1986 of 2009 on 3rd May, 2009 for extension of time to deposit the decreetal amount by four months. It was pointed out by Mr.Mhatugde that the Civil Application as filed for extension of time, simplicitor was not maintainable because by the self- operative order dated 19th March, 2009 the appellant’s Civil Application for condonation of delay in filing the appeal, got dismissed after 30th April, 2009 on account of non- fulfillment of the condition precedent. In addition, there was delay of four days in filing the application for extension. Therefore, the appellant has today presented a fresh Civil Application seeking three reliefs, firstly for condonation of delay of four days in filing the Civil Application No.1986 of 2009, secondly for restoration of Civil Application No.2679 of 2005 and thirdly for extension of time to deposit the decreetal amount by four months. 3. Heard counsel for both sides. 4. Pursuant to the interim order passed in Civil Application No.1986 of 2009, the appellant has deposited a sum of Rs.80,000/- in the trial court. The appellant is directed to deposit the balance decreetal amount in the * 3 * court on/or before 8th June, 2009. On such deposit being made, Civil Application No.1986 of 2009 and the Civil Application presented today are allowed. In the event, the appellant fails to deposit the entire decreetal amount on/or before 8th June, 2009, the application for condonation of delay and consequently the First Appeal will stand dismissed without any further reference to the court. Office to number the Civil Application presented today to the court for statistical purposes. [SMT.R.P.SONDURBALDOTA, J]