1 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.90 OF 2008 IN CIVIL REVISION APPLICATION(ST)NO.19670 OF 2006 Pravinkant Girija-Shankar Shukla ..Applicant V/s. Nripen Ranjan Chakravarty ..Respondent Mr.V.G.Mehta, Advocate, for the Applicant Mr.Sagar Mane i/b,Mr.N.V.Bandivadekar, Advocate, for the Respondent CORAM : R.C.CHAVAN, J. DATE : 8TH JUNE, 2010 P.C. . The Applicant seems to have been grossly negligent in prosecuting his case. By Order dated 12th September, 2008, Civil Application Nos.100 of 2006 and 101 of 2006 were dismissed in default. By this Application, the Applicant seeks restoration of those Civil Applications. The Applicant had also filed Civil Application No.152 of 2009 for restoration of this Civil Application 2 No.90 of 2008 which was also dismissed in default on 7th September, 2009. Civil Application No.152 of 2009 was allowed subject to payment of costs of Rs.1000/- to be paid to the Respondents which the Applicant failed to pay. Be that as it may. Since the Applicant is now ready to pay the costs, Civil Application No.90 of 2008 is being taken up for hearing. 2. Considering the lapses on the part of the Applicant and considering the fact that the Revision itself is in relation to the immovable property, it would be better if the parties contest the matter on merits and therefore, this Civil Application is allowed subject to payment of costs quantified at Rs. 5000/- in addition to the costs of conditional order passed by this Court on 25th February, 2010. Costs shall be paid through the learned Counsel Mr.N.V.Bandivadekar before 21st June, 2010, failing which the Civil Application 3 shall stand dismissed for non-prosecution without further reference to the Court. It is made clear that the costs should reach the Respondent by 21st June, 2010 and not dispatched by that date. The Applicant may in the alternative deposit costs in this Court by 14th June, 2010, which amount the Respondent's Counsel would be at liberty to receive. (R.C.CHAVAN, J.)