: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1253 OF 2009 IN CIVIL APPLICATION (ST.) NO.1883 OF 2006 IN SECOND APPEAL NO.183 OF 1996 Nivrutti K. Nagare .. Applicant V/s. Laxmibai V. Kulkarni & Ors. .. Respondents Mr. R.N. Gite i/b. Mr. M.S. Karnik for the Applicant. Mr. R.M. Haridas i/b. Mr. P.N. Joshi for the Respondents. CORAM : SMT. NISHITA MHATRE, J. DATED : 6 TH APRIL, 2010. P.C.: 1. This Civil Application has been filed for restoring the Civil Application No.1883 of 2006, which was dismissed by order dated 21st April, 2009 passed by this Court. 2. The present Civil Application had been dismissed for default on an earlier occasion. It appears that thereafter the application was allowed and a fresh application was taken out. : 2 : 3. Mr. Haridas appearing for the respondents opposes this Civil Application on the ground that the applicant has been lax in conducting the matter and, therefore, no indulgence should be shown to him. He points out that the applicant is in possession of the suit property although an order has been passed against him by the Courts below. He, therefore, submits that the applicant should not be permitted to take advantage of his negligence. 4. Considering the averments in the Civil Application and the affidavit in reply and the submissions of the learned Counsel at the bar, in my opinion, the Civil Application can be allowed, however, on payment of heavy costs. 5. Accordingly, the Civil Application is allowed in terms of prayer clause (a), subject to payment of costs of Rs.5,000/- to the respondents within a period of four weeks from today.