IN THE HIGH COURT OF BOMBAY AT GOA MISC.CIVIL APPLICATION NO. 789 OF 2008 IN STAMP NUMBER MAIN NO. 2910 OF 2008 GOVERNMENT OF KARNATAKA THROUGH SECRETARY INFORMATION, TOURISM AND YOUTH SERVICES DEPARTMENT AND ANR ... Applicant Versus SHRI. OSWALDO JOSE COELHO VELHO ... Respondent Mr. S. R. Rivonkar, Advocate for the applicants. Mr. V.K. Bodke, Advocate for the respondent. Coram:- C. L. PANGARKAR, J. Date:- 28th January, 2009 P.C. Heard counsel for the applicants and respondent. This application has been filed for condonation of delay. 2. Decree was passed on 30.06.2008 for eviction. Certified copy was applied for on the same day and it was delivered on 03.07.2008. 3. The applicant is the State of Karnataka, obviously the applicant had to consult the Karnataka Government in preferring the appeal. Delay of 5 days cannot be said as inordinate delay. Considering that the applicants had to consult the office at Karnataka in preferring the appeal, I find that the delay needs to be condoned. 4. Learned counsel for the respondents submit that the Court may condone the delay on certain conditions. He submits that as per the agreement, increased rent of Rs.26,821/- had to be paid. The applicants' counsel disputes that there was any agreement to that effect. The decree is passed at the rate of Rs.8410/-. In any case decree for eviction has been passed and as on today, it can be said the applicants are entitled for mense profit. In the circumstances, it would be appropriate to direct the applicants to pay arrears from April 1999. The arrears should be deposited at the rate of Rs.16,000/- per month. 5. If at all the decree of eviction is set aside, the amount which the applicants are paying shall be adjusted against the future rent that may be payable to the landlord. The execution of the decree is also stayed. 6. The amount be deposited within a period of eight weeks. First Appeal No.258/2008 be listed alongwith this appeal. 7. Admit. C. L. PANGARKAR, J. lh/.