: 1 : FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL APPLICATION NO.298 OF 2007 IN CIVIL REVISION APPLICATION (ST.) NO.10577 OF 2007 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s orders of Coram, appearances, Court’s . orders or directions and . Registrar’s orders . -------------------------------------------------------------- Mr.Ashok B. Tajane for the Applicants. Mr.V.S. Gokhale for Respondent Nos.1 and 2. CORAM : S.J. VAZIFDAR, J. DATED : 4TH DECEMBER, 2008. P.C. : 1. The impugned order was passed on 17.9.1999. A Writ Petition challenging the same was filed on 13.3.2002. That Writ Petition was disposed of on 5.4.2007 by holding that it was not maintainable. On 3.5.2007 the present Civil Revision Application was filed. 2. The delay really is between 17.9.1999 and 13.3.2002. The explanation is that the Applicants’ father who had : 2 : filed the original proceedings expired in September, 2000. 3. The present proceedings have been filed by his heirs. 4. Although there is considerable delay on the part of the Applicants’ father, I am inclined to condone the same on payment of costs. The trial Court had held in favour of the Applicants. That decree was reversed by an order impugned in this Civil Revision Application. In my view the Applicants ought to have an opportunity of pursuing the matter on merits. 5. In the circumstances, the Civil Application is made absolute in terms of prayer (a) subject to the Applicants paying costs fixed at Rs.3000/- within one week from today directly to the Respondents’ advocate in this Court. 6. The Civil Application is accordingly disposed of.