KANTIBHAI VALJIBHAI PATEL Vs. RATANBEN VELJIBHAI PATEL

JUDGEMENT

(1.) THE present Misc. Civil Application has been preferred by the applicant appellant - original plaintiff to restore main Second Appeal No. 196 of 1989, which came to be dismissed for want of prosecution, so also, for non-substitution of legal representatives of respondent No. 1.

(2.) HAVING heard Mr. Supehia, learned advocate appearing on behalf of the applicant " appellant " original plaintiff and Mr. B. N. Patel, learned advocate appearing on behalf of the respondents and considering the avernments made in the present application and as the present application is not seriously opposed if Second Appeal is restored to file on imposition of reasonable cost, the present application is allowed and main Second Appeal No. 196 of 1989 is restored to file on condition that the applicant appellant- original plaintiff shall deposit Rs. 5,000/- by way of cost towards restoration of main Second Appeal, which Mr. Supehia, learned advocate appearing on behalf of the applicant has agreed to deposit by way of cost before Registry of this Court within a period of three weeks from today and on further condition that as and when Second Appeal is placed for hearing, Mr. Suephia, learned advocate appearing on behalf of the applicant-appellant- original plaintiff shall make himself available for making submissions on merits. On deposit of aforesaid amount of cost, Registry is directed to pay the same by account payee cheque in the name of respondent No. 2- Shamjibhai Veljibhai Patel. Registry is directed to notify the main Second Appeal for final hearing on 21/01/2010. Rule is made absolute to the aforesaid extent.