1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3702 OF 2008 IN APPEAL (LODG.) NO.535 OF 2008 IN NOTICE OF MOTION NO.4263 OF 2006 IN SUIT NO.756 OF 2003 Subhash S. Runwal Appellant Vs. Anjanabai H. Sonawane & ors. Respondents Alpana Ghone i/b. M/s.Kanga & Co. for appellant. Mr.Atul Damle i/b. Mr.D.R.Shah for Resp.nos.1 to 3. Mr.S.V.Doijode with Ms.Minakshi Iyer i/b. Doijode Associates for Resp.nos.7 & 8. CORAM: B. H. MARLAPALLE & SMT. V.K. TAHILRAMANI, JJ. January 07, 2010. P.C. 1. We have heard the learned counsel for the applicant. The Appeal filed is beyond time by 70 days. 2 2. We have gone through the affidavit in support of the Notice of Motion and more particularly the explanation furnished in paras 15 and 16 therein in support of the prayer for condonation of delay. 3. We are satisfied that the delay deserves to be condoned but subject to payment of exemplary costs. 4. Hence the Motion is allowed in terms of prayer clause (a) subject to payment of costs quantified at Rs.10,000/- (Rupees ten thousand only) and to be remitted to the Maharashtra State Legal Services Authority within a period of one week from today. 5. List the Appeal for admission after two weeks. (SMT. V.K. TAHILRAMANI,J.) (B. H. MARLAPALLE,J.)