1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1116 OF 2008 IN CIVIL APPLICATION NO. 298 OF 2008 IN SECOND APPEAL ST.NO. 16523 OF 2008 Chandrakant Maruti Devrukhe since deceased through L.rs. Smt. Sharda Chandrakant Devrukhe & ors........Applicants versus Smt. Kashibai Mahadeo Devrukhe & ors........ Respondents. Mr. S.C. Daswadikar i/b.Uday Warunjikar adv. for the Applicants None for the respondents CORAM: A. P. DESHPANDE, J. DATED : 3rd APRIL, 2009. P.C.: 1. By the present application a prayer is made for condonation of delay so also for restoration of the C.A.No.298/08 whereunder the applicant had prayed for grant of stay. The application has been dismissed for non-compliance of the order dated 13-2-2008. Order dated 13-2-2008 reveals that the matter was not on board but was mentioned and order was sought. Court issued rule and made it returnable on 16-4-2008. No steps were taken as directed and hence application is 2 dismissed. The learned counsel for the respondent opposes the application and submits that if the application is to be allowed, the same should be subject to costs. In the result delay is condoned. Civil applicaiton no. 298/08 is restored to file subject to payment of costs of Rs.1000/-by the applicant to the respondent within four weeks from today. Application is disposed of. (A. P. DESHPANDE, J.)