-1- 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.423 OF 2007 APPLICATION NO.423 OF 2007 APPLICATION NO.423 OF 2007 IN IN IN SECOND SECOND SECOND APPEAL ST.NO.5823 OF 2007 APPEAL ST.NO.5823 OF 2007 APPEAL ST.NO.5823 OF 2007 Arjun Vishnu Bankar ...Applicant vs. Prahlad Shankar Bankar & Ors. ...Respondents Mr.Prabhakar Jadhav for the Applicant Mr.K.B.Sonwalkar for Respondent Nos.1 to 3 CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATE DATE DATE : FEBRUARY 22, 2008 : FEBRUARY 22, 2008 : FEBRUARY 22, 2008 P.C.: P.C.: P.C.: 1. Heard Advocate for the Applicant and the Advocate for the Respondent Nos.1 to 3. The Respondent No.4 is duly served. Service of Respondent Nos.5 and 6 will have to be treated as good service. Civil Application stands abated as against the Respondent No.7. Civil Application is opposed by the Advocate for the Respondent Nos.1 to 7 by pointing out that there is no explanation for delay of more than 4 years. 2. However, my attention has been invited to paragraph 8 of the Application. The said paragraph discloses that the applicant became aware about the impugned Judgment and Decree for the first time on 9th February 2007. After obtaining certified copy of the impugned Judgment and decree, Appeal and the application have been filed on 13th March 2007. -2- 3. The averments made in paragraph 8 of the Application will have to be accepted as there is no material produced to contradict the same. Hence, sufficient cause is made out for condonation of delay. However, the Applicant will have to pay costs to the Respondent Nos.1 to 3. Application is allowed in terms of prayer clause (a) subject payment of costs to the Respondent Nos.1 to 3. The amount of costs is quantified at Rs.2000/- to be paid to the Respondent Nos.1 to 3 or deposited in this court within four weeks from today. JUDGE JUDGE JUDGE