1 903.cas1065.08 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1065 OF 2008 IN SECOND APPEAL ST. NO. 13380 OF 2008 Shri Mitthulal Govardhan Rajbar. ....Applicant. Vs. Nashik Municipal Corporation & ors. ....Respondents Mr. Mahesh Rawool h/f. Mr. P.B. Shah, Advocate for Applicant. Mr. J. Shekar i/b. J. Shekhar & Co., Advocate for Respondent No. 1. CORAM:- GIRISH GODBOLE, J DATED:- OCTOBER 21, 2011 P.C. 1. Heard Mr. Rawool, Advocate for Applicant and Mr. Shekhar, Advocate for Respondent No.1. 2. Mr. Shekhar prays for further time to file affidavit. The Order dated 29/9/2011 was very clear and for more than 3 weeks the said order is not complied with even though, even subsequent adjournment was granted on 7/10/2011, 13/10/2011 and 2 903.cas1065.08 18/10/2011. Affidavit in reply earlier filed does not deal with the averments in the Civil Application for condonation of delay but only states that the disputed structure has been demolished. Consequently, the averments in the Civil Application regarding the delay have gone completely unchallenged. The explanation given in paragraphs 2 to 4 deserves to be accepted even the delay is of substantial period. In the absence of any specific denial these averments have gone uncontroverted. The Applicant deserves a hearing of their Second Appeal at admission on merits. Prejudice caused to the Respondent Corporation will have to be compensated by awarding costs. Hence Civil Application is allowed subject to payment of costs of Rs. 3,000/- to be paid within 4 weeks from today. Payment of costs shall be condition precedent. (GIRISH GODBOLE, J)