order and consequently, application for condonation of delay I.A.No.791 of 2012 as well as application for restoration of A.S.No.13 of 2008 shall stand allowed and the appeal shall stand restored to the file of the lower appellate Court for hearing and disposal, on merits, subject to the condition of the petitioner paying costs quantified at Rs.5,000/- (Rupees Five Thousand only) to the learned counsel for the respondents herein within a period of four (4) weeks from today. On compliance of the order as to costs, the Registry shall communicate the order of this Court to the lower appellate Court and thereafter, the lower appellate Court shall fix a date of hearing after notice to both parties and on the date so fixed, the matter shall be heard and thereafter, disposed of on merits. Learned counsel for both parties undertake that their counter parts shall cooperate with the lower appellate Court and shall not seek any further indulgence. The lower appellate Court shall ensure that the appeal is heard and disposed of on merits, preferably, before end of November 2014. As a sequel, miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
