1 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3325 OF 2009 IN FIRST APPEAL NO.1005 OF 1998 M/s.Raj & Company .. Applicant V/s. Mr.Pradeep Apartment Co.Operative Housing Society Ltd. & Anr. .. Respondents Mr.P.J.Thorat i/b. Mr.R.A.Thorat for the Applicant. Ms.L.Munim i/b.Mr.Rajesh Kothari for Respondent No.1. CORAM: S.J.KATHAWALLA J. DATE : 12 th NOVEMBER, 2009. P.C. This Civil Application is filed for condonation of delay of 344 days in filing the certified copy of the drawn up decree dated 16th September, 1997 in the First Appeal and for setting aside of the order of dismissal of the First Appeal dated 12th December, 2007 and restoration of the First Appeal on file. The learned Advocate for Respondent No.1 2 opposes the prayer sought in the Civil Application on the ground that there is a willful and gross delay on the part of the Applicant. For the reasons set out in the Civil Application, the same is allowed in terms of prayer clauses (a), (b) and (c). 2. The Civil Application is, accordingly, disposed of. 3. Place the First Appeal for admission on 7th December, 2009. (S.J.KATHAWALLA J.)