ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.5759 OF 2007 APPLICATION NO.5759 OF 2007 APPLICATION NO.5759 OF 2007 IN IN IN FIRST FIRST FIRST APPEAL (STAMP) NO.26213 OF 2007 APPEAL (STAMP) NO.26213 OF 2007 APPEAL (STAMP) NO.26213 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, appearances, Court’s Orders or directions and Registrar’s Orders Court’s or Judge’s Orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms.Wadkar i/by Mr.S.B.Shetye for the Applicant. Mr.M.B.Kate for Respondent No.1. CORAM CORAM CORAM : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. DATED DATED DATED : 13th June, 2008 : 13th June, 2008 : 13th June, 2008. P.C. P.C. P.C. . This is a Civil Application for condonation of 782 days delay in filing the First Appeal, filed by Original Defendant No.1 against the Judgment and money decree dated 13th June, 2005. The Applicant made an Application under Order IX Rule 13 for setting aside the judgment and decree but the same was rejected on 21st June, 2007. The Certified copy was available on ( 2 ) 5th July, 2007 and therefore, this Civil application. 2. Considering the averments made and as sufficient case is made out, the Civil Application is allowed in terms of prayer clauses (a) and (b). However, it is subject to the costs of Rs.3,000/- (Rupees Three thousand only) to be paid to the original Plaintiff within a period of four weeks. 3. Appeal be listed for admission after due registration. [ANOOP [ANOOP [ANOOP V. MOHTA, J.] V. MOHTA, J.] V. MOHTA, J.]