.abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3869 OF 2008 IN FIRST APPEAL NO. 458 OF 1996 ------------------------------------------------------------------------ Office Notes, Office Memoranda of : coram, appearances, Court’s Orders: Court’s or Judge’s orders or directions and Registrar Orders: ------------------------------------------------------------------------ Ms.S.P. Manchekar, A.G.P. for the applicant. Ms.Gauri Godse for respondents nos.2a to 2d and 3. CORAM : D.G. KARNIK, J. DATE : 11TH DECEMBER 2008 P.C. P.C. P.C. : 1. Heard. 2. This application is made by the applicant for setting aside the abatement against respondent no.1 after condonation of delay. No affidavit in reply has been filed. Hence the facts stated in the application are deemed to be admitted. 3. For the reasons stated in the application, the application is allowed in terms of prayer clauses (b) to (d) subject to payment of costs of Rs.1000/- as a - 2 - condition precedent. Costs shall be paid in the court within 8 weeks and the heirs of respondent no.1 shall be entitled to withdraw the costs. 4. On failure to deposit the costs, the civil application shall stand dismissed without further reference to the Court. (D.G. KARNIK, J.)