1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL APPLICATION NO.1563 OF 2009 IN FIRST APPEAL NO.120 of 1999 Shri Prabhakar Govind Gokhale & ors. Applicants Vs. The State of Maharashtra & anr. Respondents With Civil Application No.1564 of 2009 In First Appeal No.121 of 1999 Shri Vijaysinh Shripatrao Shinde Since deceased by his heirs A. Smt. Sindhu Vijay Shinde & ors. Applicants Vs. The State of Maharashtra & anr. Respondents Mr.S.R.Ganbavale for applicants. Ms. G.P.Mulekar, AGP for resp.no.1. Ms.Kiran Bhagalia for resp.no.2. CORAM: B.H.MARLAPALLE & S.J.VAZIFDAR,JJ. June 10, 2009. P.C. 1. We have hard Mr.Ganbavale, the learned counsel for the 2 applicants. Ms.Mulekar appears for the State and Ms.Kiran Bhagalia appears for the respondent no.2. 2. Both the appeals came to be dismissed in default and hence these applications for restoration of the respective appeals. 3. As per the office note the applications have been filed beyond time by two years and 352 days. We are satisfied with the explanation set out in support of the prayer for condonation of delay subject, however, to the payment of costs. 4. Hence delay condoned and the applications are allowed in terms of prayer clause (a). The applicants to pay an amount of Rs.1000/- in each application by way of costs and the said amount shall be remitted to the Maharashtra State Legal Services Authority within two weeks from today. 5. On restoration, the Appeals be clubbed with First Appeal No. 1114 of 1999 and First Appeal No.928 of 1999. 6. If private paper book copies are submitted within four weeks, print is dispensed with. In case R. & P. has not yet been received in First Appeal Nos.928 and 1114 of 1999, call for the same so as to 3 reach the Registry within four weeks. 7. Cross Appeal Nos.1419 of 2005 and 1417 of 2005 filed by the Konkan Railways in First Appeal Nos.928 and 1114 of 1999 be also clubbed with these appeals. 8. All the appeals be listed for final hearing in the week commencing from 13th July 2009. 9. The Deputy Registrar (Judicial) to remind the Reference Court for R. & P. on fax / e-mail so that the same is received before the next date. (S.J.VAZIFDAR,J.) (B.H.MARLAPALLE,J.)