1 68.caw2050.11 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2050 OF 2011 IN WRIT PETITION NO. 320 OF 2004 Shri Dalaram Chandaji Chaudhari. ....Applicant. Vs. Sau. Munibai Kashiram Gupta ....Respondent. Mr. Sandesh Patil, Advocate for Applicant. CORAM:- GIRISH GODBOLE, J DATED:- OCTOBER 3, 2011 P.C. 1. Considering the fact that the default was one of the grounds and the Suit for eviction which was decreed has been dismissed in Appeal against which the Writ Petition is filed, without prejudice to the rights and contention of the parties, the Civil Application is allowed in terms of prayer clause (a). However, this order should not be construed as condoning the delay in deposit of the rent and the legal consequences of such delay will be considered at the time of final hearing of the Writ Petition and for that purpose copy of this order be retained in the order sheet of the Writ Petition. (GIRISH GODBOLE, J)