1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION jmi CIVIL APPLICATION NO. 3569 OF 2008 IN FIRST APPEAL (ST) NO.15397 OF 2008. The Divisional Manager, National Insurance Co. Ltd. ..Applicant. v/s. Shri Yallappa Maruti Makadwale, since deceased through legal heirs & Ors. ..Respondents. .... Mr.N.G. Ghotekar, for Applicant. Mr. N. Bharathan, for Respondent No.4. .... CORAM : S.J.KATHAWALLA, J. DATE : 11TH NOVEMBER 2009. P.C. By this civil application, the appellant is seeking condonation of delay of 127 days in filing the first appeal. 2. For reasons set out in paragraph 1 of the application, the delay is condoned. 3. The appellant shall, as directed in paragraph 2 of the impugned order / judgment passed by M.A.C.T., Kolhapur, dated 28 th September 2007, deposit the amount in Trial Court, within a period of 2 three weeks from today. 4. The appellant shall also issue notice to the respondents informing them that the appeal is placed for admission on 30 th November 2009. 5. In the meantime, no execution proceedings shall be taken out against the appellant. The respondent nos. 1A to 1C shall be at liberty to apply to this Court for withdrawal of money so deposited by the appellant. 6. This order will not preclude the respondent nos.1A, 1B and 1C to proceed with the execution proceedings against the other respondents. 7. S.O. 30 th November 2009. [ S.J.KATHAWALLA, J. ]