-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION FARAD FARAD FARAD CONTINUATION SHEET CONTINUATION SHEET CONTINUATION SHEET CIVIL CIVIL CIVIL APPLICATION NO.1165 OF 2006 APPLICATION NO.1165 OF 2006 APPLICATION NO.1165 OF 2006 IN IN IN SECOND SECOND SECOND APPEAL NO.311 OF 1995 APPEAL NO.311 OF 1995 APPEAL NO.311 OF 1995 ............................................................. Office Notes,Office memorandum of Coram, appearances,Court’s Court’s or orders or directions Judge’s orders & Registrar’s orders. ............................................................. Mr.P.N.Karlekar for the Applicant Mr.P.M.Palshikar for the Respondent CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATED: DATED: DATED: AUGUST 4, 2006. AUGUST 4, 2006. AUGUST 4, 2006. P.C.: P.C.: P.C.: 1. Heard Advocate for the Applicant and the Advocate for the Respondent. The Application is strongly opposed by the Advocate for the Respondent. Second Appeal is dismissed as a conditional order passed by this Court has not complied with. Considering the averments made in paragraph Nos.4 and 5, a case for restoration is made out. However, the Applicant will have to pay costs to the Respondent. Rule is made absolute in terms of prayer clause (a) subject to the condition that all office objections in the Second Appeal will be removed within a period of ten weeks from today. If -2- objections are not removed within time, Application will stand dismissed for want of prosecution. 2. The Applicant is directed to pay costs of Rs.2,500/- to the Respondent within a period of six weeks from today. Judge. Judge. Judge.