KAMLESH C PATEL Vs. CHANDRAKALA HARGOVIND B PATEL

JUDGEMENT

(1.) Rule. Mr.Nirav Thakkar, learned advocate waives service of notice of Rule on behalf of the respondent.

(2.) The present application has been preferred by the applicant original Opponent defendant to restore main Second Appeal No.64 of 2006 along with Civil Application No.4571 of 2006, which came to be dismissed for non-prosecution vide order dated 09/03/2010.

(3.) Having heard the learned advocates appearing on behalf of the respective parties and subject to payment of cost, which is quantified at Rs.2,500/-, to be deposited by the petitioner or his advocate with the Gujarat High Court Legal Services Committee on or before 05/05/2010, the present application is allowed and Second Appeal No.64 of 2006 as well as Civil Application No.4571 of 2006 are restored to file. On deposit of the aforesaid amount of cost, Registry is directed to notify Second Appeal No.64 of 2006 along with Civil Application No.4571 of 2006 for admission-hearing on 05/05/2010. To be placed in the first board. Rule is made absolute to the aforesaid extent.