1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.2316 OF 2009 Rajaram Vasudeo Parab ...Petitioner vs. Vijay Ganpat Parab and others ...Respondents Mr.M.S.Karnik for the petitioner Mr.S.B.Shetye for respondent Nos.1 to 7 CORAM :A.S.OKA,J. DATE : AUGUST 6, 2009 P.C. 1 Heard the learned counsel for the petitioner and the learned counsel for the respondents. The learned counsel for the respondents on instructions states that though the respondents have an excellant case on merits, instead of delaying the proceedings further, they have no objection if the delay is condoned subject to payment of costs and the appeal is ordered to be heard expeditiously. 2 In the present case, delay is of more than 2 yeas and five months. The learned counsel for the respondents is right when he submitted that the petitioner will have to pay costs. The amount of costs is quantified at Rs. 7500/-. 3 Hence, I pass the following order : i) Impugned Judgment and order dated 5th December 2008 is quashed and set aside and the Civil Miscellaneous application no.32 of 2008 is allowed subject to the petitioner paying an amount of Rs.7500/- to the 2 respondents by way of costs within a period of four weeks from today. Payment of costs will be a condition precedent. Deposit of amount with the District Court in stipulated time will be treated as a sufficient compliance with the order. If the order of payment of costs is not complied with, the order of dismissal of delay condonation application will stand. If the order is complied with, the District Court will hear and decide the appeal as expeditiously as possible and in any event on or before, 31st December 2009. Petition is allowed in above terms. JUDGE