1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.5356 OF 2008 IN FIRST APPEAL STAMP NO.25230 OF 2008 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Ms.Chandana Salgaokar i/b Mr.G.S.Godbole for the applicant. Mr.B.G.Tangsali for respondent nos.3 to 5. CORAM : D.B.BHOSALE, J. DATED : 18/11/2010 PC: 1. Heard learned counsel for the parties. 2. By this application, the applicants have prayed for condonation of delay caused in filing the appeal. Though in the application delay of 17 days is mentioned by the applicants, according to the office noting, the delay of 363 days is caused in filing the appeal. I have perused the civil application. In my opinion, the office noting is correct. Learned counsel for respondent nos.3 to 5 submits that this appeal is directed against the judgment and decree of specific performance of the agreement dated S 2 12.2.1990. He submits that the sale deed has already been executed in pursuance of the decree and that the respondents are in possession of the suit property. In view thereof and for the reasons stated in the application the delay is condoned subject to payment of the costs of Rs.3,000/-. Learned counsel for the parties have jointly requested for remittance of the costs to Kirtikar law library. The applicants are, therefore, directed to remit the costs of Rs.3,000/- to Kirtikar law library within a period of two weeks from today. Civil application is disposed of. (D.B.BHOSALE, J.)