1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CAZ NO.481 OF 2009 IN LPA ST. NO. 7530/2009 IN WP NO. 2714/2008 (Smt. Kusumbai wd/o Vasant Akarte & Ors. vs. Patil Patwari Saraya Sansthan) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI & F.M. REIS, JJ. SEPTEMBER 15, 2009. Heard Shri Saboo, learned counsel for the applicants. The prayer is to condone delay of 78 days in filing LPA. The learned counsel for the applicants – tenants points out that when writ petition was heard, the counsel engaged by the applicants did not appear and decision was, therefore, not communicated to the applicants. The reason given is, name of said advocate did not appear in the cause list. It is stated that when the judgment was reported in April 2009 Part of Mh. L.J., the fact of decision came to the knowledge of the applicants. Shri Dadhe, learned counsel for the respondent is disputing this. According to him, name of advocate was very much appearing in the cause list and decision was known to the applicants. The respondent, however, has not filed any reply in the matter. We do not find any malafides and hence, 2 delay is condoned, however, subject to payment of cost of Rs.1,000/- to be paid by the applicants to the respondent/ non applicant by 29th September 2009. If the costs are so paid, the office to register Letters Patent Appeal. JUDGE JUDGE GS.