-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.3399 OF 2003 APPLICATION NO.3399 OF 2003 APPLICATION NO.3399 OF 2003 IN IN IN FIRST FIRST FIRST APPEAL NO.781 OF APPEAL NO.781 OF APPEAL NO.781 OF 1982 1982 1982 ............................................................. Office Notes,Office memorandum of Coram, appearances,Court’s Court’s or orders or directions Judge’s orders & Registrar’s orders. ............................................................. CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATED: DATED: DATED: MARCH 6, 2006. MARCH 6, 2006. MARCH 6, 2006. P.C.: P.C.: P.C.: 1. Heard Advocate for the Applicant and the Advocate for Respondent. There is no dispute between the parties that the decree which is impugned in the First Appeal is already executed. 2. Considering the averments made in the Application, First Appeal deserves to be restored subject to payment of costs. Considering the delay in filing the Application, cost is quantified at Rs.5,000/-. Civil Application is allowed in terms of prayer clauses (a) and (b) subject to condition that the Applicant will pay costs of Rs.5,000/- to the Respondent within a period of four weeks from today. If the amount of costs is not paid within stipulated period, the order of dismissal of Appeal will stand. ‘ * * * * * -2- Judge. Judge. Judge.