1 FARAD CONTINUATION SHEET NO. IN THE COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE NAGPUR BENCH, NAGPUR. SECOND APPEAL NO.373/1996. Durlabh Kumar Mittal -vs- Smt.Sunita Puranik and another Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. CORAM : VASANTI A. NAIK, J. DATE : 12/08/2008 None appeared on behalf of the appellant on 25/07/2008. None appears on behalf of the appellant today also. Shri Chavan, learned counsel, appears on behalf of the respondent No.1. It appears that the second appeal was dismissed for want of prosecution by an order dated 25/07/2006. Thereafter a Miscellaneous Civil Application No.639 of 2006 was filed in this court. When the miscellaneous civil application was listed before this court on 16/03/2007 none appeared on behalf of the applicant. Since this court found that the reason stated in the miscellaneous civil application that the counsel for the applicant Shri Akshay Samarth could not remain present at the time of hearing of the second appeal as he was on his legs before the Division Bench, 2 was sufficient to restore the appeal, the Court allowed the miscellaneous civil application subject to the payment of costs of Rs.500/-. I had called for the record of Miscellaneous Civil Application No.639 of 2006. It appears that the costs of Rs.500/- had not been paid by the appellant. Similarly, it appears from the record that the stay of possession granted in favour of appellant was also vacated during the pendency of the second appeal, in view of the fact that the appellant failed to deposit an amount of Rs.64,000/-, as directed by this court. The counsel for the respondent states that the possession of the premises is with the respondent No.1 as the appellant had vacated the same. It is clear from the order-sheet in this second appeal as well as order-sheet in the Misc. Civil Appln. No.639/2006 that the appellant is not interested in prosecuting the matter. The second appeal is therefore dismissed for want of prosecution. JUDGE gsk