1 Amk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1429 OF 2009 IN SECOND APPEAL NO. 773 OF 1997 Dagadu Choku Jagtap Deceased Through heirs & Ors. .. Applicants Vs. Muktabai Laxman Sonawane .. Respondent Mr. Ajit Kenjale i/b Mr. H.D. Gole for the applicants. Mr. S.N. Chandrachood for the respondent. CORAM : J. H. BHATIA, J. DATE : 14th October, 2009. P.C. 1. This application is for restoration of Second Appeal No. 773 of 1997. The appeal was dismissed on 12th November, 2008 when the matter was fixed for final hearing but none appeared for the appellants. Only the Advocate for respondent was present. It appears that this application was filed on 11th December, 2008. Circulation was sought for the first time on 17.02.2009. Learned Counsel for the respondent contends that the original suit i.e. Regular Civil Suit No. 63 of 79 pertains to the property situated in Pune City. About 5-6 months before, execution petition was filed and that too after informing the 2 advocate for the appellant. But still he did not seek circulation. He contends that, delay was caused only to see that the decree is not executed. 2. Taking into consideration the circumstances and the fact that the appeal was already admitted and fixed for hearing, the application is allowed subject to payment of cost of Rs.5,000/- by the appellant to respondent within three weeks from this date and the appeal is restored to file. The appeal be listed for the final hearing in the month of November, 2009. In case, the cost is not paid, the application shall be deemed to have been rejected. (J. H. BHATIA, J.)