-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2420 OF 2008 In APPEAL (L) NO.353 OF 2008 In SUMMARY SUIT NO.226 OF 1999 Shanti Devi Rewachandji Mehta & Ors. : Appellants (Orig.Defendants) V/s. Mrs.Dadi Devi B. Banigotha : Respondent (Orig.Plaintiff) ... Mr.Sumeet Moholikar i/b. Pillai & Co., for the appellants. Mr.Ramesh Jain for the respondent. ... CORAM : SWATANTER KUMAR, C.J.& S.A. BOBDE, J. DATE : DECEMBER 17, 2008. P.C. 1. This is a Motion for condonation of delay of 975 days in filing the appeal. 2. The learned counsel appearing for the respondent submits that no sufficient cause has been shown. However, the same may be condoned, subject to conditions. We find -: 2 :- the stand taken to be reasonable and we condone the delay, subject to payment of costs of Rs.2,500/-, costs being conditional to the condonation of delay. In the event the costs are not paid, the benefit accruing from this order shall be deemed to have been withdrawn and the appeal shall stand automatically dismissed. 3. Notice of Motion is made absolute in terms of prayer clause (a), subject to the above condition. CHIEF JUSTICE S.A. BOBDE, J.