35-cas1344-11.sxw 1 spb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1344 OF 2011 IN SECOND APPEAL (ST.) NO. 20296 OF 2011 1 Chintamani Laxman Bhagat & Ors. ... Applicants. V/s. 1 Kishor Dattatray Khot & Ors. ... Respondents. --- Mr. P.Kulkarni h/for Mr. Kuldeep Patil for the Applicants. Mr. Vishal Kanade i/by Mr. Sanjay S. Gawade for Respondent Nos.1 to 6. --- CORAM:- G.S. GODBOLE, J. DATED :- 14TH OCTOBER, 2011. P.C. : 1 Affidavit-In-Reply filed by the Advocate for the Respondents is taken on record. I have heard learned Advocates. The Application is strongly opposed by contending that the except one medical certificate, no other documents are annexed. I have considered the submission of the Applicant No.1 who is constituted Attorney of the other Applicants and was looking after the litigation. He was suffering from various ailments as indicated in the certificate annexed to the Application. The other reason 35-cas1344-11.sxw 2 given by the Applicant is about lack of funds. The Reply does not indicate that the Applicants are very wealthy persons. Hence, case for condonation of delay is made out. Delay is condoned. C.A. is allowed in terms prayer of clause (a) subject to the payment of Rs. 3000/-. Payment of cost is a condition precedent. If costs are not paid within a period of four weeks, the C.A. to stand automatically dismissed without further reference to the Court. Costs can be paid either to the Respondents or deposited in the court and such payment or deposit will amount to sufficient compliance of this order. 2 List the S.A. for admission on 9.11.2011. Interim order passed on 27.09.2011 will continue to operate till 16.11.2011. [G. S. GODBOLE, J.]