spb/- 1 ca555-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO. 555 OF 2010 IN CIVIL REVISION APPLICATION (ST.) NO. 10744 OF 2007 Abdul Rashid Abdul Majid Ansari ... Applicant. V/s. Gulam Mohamed Wajid Ali ... Respondent. --- Mr. M.H.A. Sayyed Applicant. Mr. Anil Chauhan i/by N.N.Vaishnawa & Co. for the Respondent. ----- CORAM : D. G. KARNIK, J. DATE : 03rd MARCH, 2011. P.C. 1 This is an application for condonation of delay in filing of a civil revision application. 2 The impugned order was passed on 20th April, 2006. The Civil Revision Application was filed in May, 2007 and an application for condonation of a delay has been filed 7 months later in February, 2008. 3 Learned counsel for the applicant submitted that initially the impugned order was challenged by filing a writ petition. However, the writ petition was disposed of with liberty to impugn the said order in the civil revision application by the order of this court dated 13th April, 2007. Hence, delay upto April, 2007 is explained. The civil revision application spb/- 2 ca555-10.sxw has thereafter, been filed within four weeks and therefore, the delay should be condoned. In my view though the explanation can be accepted but a substantial costs are required to be imposed for two reasons. Firstly, the revision application was not accompanied by an application for condonation of delay. An application for condonation of delay was filed 7 months thereafter without complying with the provisions of Rule 3A of the Order 41 of Code of Civil Procedure. Further more the respondent was put to double expenses. Because he had to appear in the earlier application made for setting aside the order of dismissal of the civil revision application which was dismissed for non- removal of the office objection and then again in this application. 4 Under the circumstances, the delay is condoned subject to the payment of costs of Rs. 10,000/- as a condition precedent. Costs shall be paid within four weeks. Liberty to the respondent to withdraw the costs if deposited. If the costs are not deposited within four weeks, the civil application shall stand dismissed without further reference to the court. [D.G. KARNIK, J.] .....