1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 896 OF 2009 IN SECOND APPEAL NO. 188 OF 2008 Shri Budhaji Kanu Pedhavi .. Applicant. V/s. Shri Ganpat Shankar Pedhavi .. Respondent. --- Ms. P.S. Kulkarni i/by Shri K.S. Patil for the Applicant. --- CORAM : J. H. BHATIA, J. DATED : 18th September, 2009 P.C. : This application is for condonation of delay and restoration of the second Appeal which was dismissed in default on 17.07.2008. The record reveals that on five different dates, none had appeared for the Appellant and therefore, finally the Appeal was dismissed in default. Any how in the interest of justice, subject to payment of cost of Rs. 1000/- to be deposited with the State Legal Aid Authority within two weeks from today, the Application is allowed and the Appeal shall be restored to file. In case, the cost is not deposited within the 2 stipulated period, this Application shall be deemed to have been rejected. Application is disposed of. (J.H. BHATIA,J.)