1 HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION. CIVIL APPLICATION NO.1008/2008 IN SECOND APPEAL NO.549/1995 Dattatraya Narhari Bhagwat. ..Applicant/Appellant -VERSUS- Narayan Rajaram Bhagwat and others. ..Respondents ......... Mr.Nitin Meshram, Advocate i/b Mr.Anilkumar Patil, Advocate for the Applicant/Appellant. Mr.Amol Gatne, Advocate i/b Mr.A.V.Anturkar, Advocate for the Respondents. .......... CORAM : A.P.DESHPANDE, J. DATED : 30th MARCH, 2009. P.C. : 1. The Second Appeal filed by the present Applicant has been dismissed in default. For restoration of which, Civil Application No.1051/2007 was filed. The said application for restoration has again been dismissed. With a view to set aside the order of dismissal of the application for restoration, the present application has been filed. 2. The decree for partition and separate possession has been 2 passed against the Applicant. Second Appeal is of the year 1995. It appears that the present Applicant is trying to delay the proceedings. 3. In that view of the matter, though the application is being restored the same shall be subject to payment of costs. In the result, the order dated 16.08.2007 is set aside. Civil Application No.1051/2007 is restored to file, however, subject to payment of costs of Rs.2,000/- by the Applicant to the Respondents within a period of four weeks from today. The Civil Application is disposed of. JUDGE