( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD APPEAL FROM ORDER NO. 84 OF 2009 WITH CIVIL APPLICATION NO. 1598 OF 2009 Ansiram s/o. Bapurao Raut .. Appellant Versus Raosaheb s/o. Khanderao Mahajan (deceased) .. Respondent through L.Rs. Shri N.J. Pahune Patil, Advocate for the appellant. Shri A.S. Osmanpurkar, Advocate for respondent Nos. 3 & 5. CORAM : P.R. BORKAR,J. DATED : 05.08.2009 P.C. :- 1. Heard Shri N.J. Pahune Patil, Advocate for the appellant and Shri A.S. Osmanpurkar, Advocate for respondent Nos. 3 and 5. No one is present for the remaining respondents. This appeal from order is filed against the order passed by the District Judge in C.M.A. NO. 100 of 2008 to extend period of payment of paper book charges. The order ( 2 ) is dated 26.09.2008. In this case the suit bearing Regular Civil Suit No. 140 of 1983 was decided and the appellant was directed to hand over possession of 15 R land, which he had encroached into the property of the respondent. As against the same, appeal bearing No. 53 of 2006 is filed in the District Court, Jalna. Notice for payment of paper book charges was served on the appellant on 17.05.2007. The appellant did not pay paper book charges and therefore the appeal was dismissed on 03.07.2007. 2. Thereafter, M.C.A. No. 95 of 2007 is filed requesting the Court to restore the appeal to the file and recalling the order that was passed. Said application filed on 25.07.2007 came to be allowed on 11.04.2008 and the appellant was directed to deposit paper book charges so also costs of Rs.300/- on or before 25.04.2008 and it was conditional order. It is stated in the order that in case paper book charges and costs were not deposited in time, the application shall stand dismissed automatically without further reference. In-spite of this conditional order the amount was not deposited nor any application was filed on or before 25.04.2008 for extension of time. As a matter of ( 3 ) fact, the application stood rejected automatically. Thereafter, the application was given on 09.06.2008 requesting the Court to allow the applicant to deposit the P.B. charges and also costs of Rs.300/-. However, the learned District Court, Jalna rejected said application on 26.09.2008. 3. After hearing Adv. Shri Pahune Patil in my opinion absolutely there is no satisfactory reason for not making payment as per the order passed on 11.04.2008 on or before 25.04.2008. At least the applicant could have applied for extension of time on or before 25.04.2008. That is also not done. It is clear from the entire sequence of events that there was no desire to pursue the matter diligently and at the same time we will have to consider that the original suit for possession of encroached portion was filed in 1983 and now almost 26 years are over. 4. Considering the totality of the circumstances, it is not case wherein interference is called for. The Appeal From Order is dismissed. Interim relief, if any, stand vacated. ( 4 ) 5. In view of disposal of this Appeal From Order, Civil Application No. 1598 of 2009 does not survive. The Civil Application also stands disposed of. [P.R. BORKAR,J.] snk/2009/JUN09/ao84.09