ssm sm sm 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 WRIT WRIT WRIT PETITION NO. 5367 OF 2007 PETITION NO. 5367 OF 2007 PETITION NO. 5367 OF 2007 Magdaline Jhon Fernandes & Ors. ...Petitioners. Vs. Roacky Pedru Fernandes & Ors. ...Respondents. Mr.P.V.Samant for the Petitioners. None for the Respondents. CORAM CORAM CORAM : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. DATED DATED DATED : 14th October, 2008. : 14th October, 2008. : 14th October, 2008. P.C. P.C. P.C. . The present Petition whereby the challenge is made by the Petitioner to the order of rejection of his Application of condonation of delay in filing the Appeal against the final decree. It appears from the record that the said order dated 11/09/2007 was challenged in the Writ Petition. The said Writ Petition, however, dismissed on 22/02/2005. The Appellant thereof preferred the present Appeal along with the Application for condonation of delay, immediately. 2. In view of this, I see there is no reason to dismiss such application on the ground of delay. In ( 2 ) the interest of justice itself, it is, therefore, desirable to grant full opportunity to the Applicants who is original /Defendants, specifically when there is a decree for partition. However, it is made clear that the Petitioner should not protract or delay the matter and should co-operate for early disposal of the same. However, this is subject to payment of costs of Rs.5,000/- (Rupees five thousand only) which the Petitioner has already deposited in the Court to be paid to other side. The Petitioner is permitted to withdraw the said amount as already deposited pursuance to the order dated 16th February, 2008 and pay to the other side on or before 28/10/2008. 3. The Petition is, accordingly, allowed. ( ANOOP V. MOHTA, J.) ANOOP V. MOHTA, J.) ANOOP V. MOHTA, J.)