1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2923 OF 2010 IN FIRST APPEAL NO. 1142 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr Shashipal Shankar, for the applicant. Mr G.N.Salunkhe, for the respondent. CORAM : D.B.BHOSALE,J. DATE : 07/10/2010. PC: 1 Heard learned counsel for the parties. 2 By this Civil Application, the Applicant has prayed for extention of time to pay costs as per the order dated 23.08.2001 passed on Civil Application No.1014 of 2001. It appears that the First Appeal was dismissed on 04.05.2000 for non removal of office objections. Civil Application no.1014 of 2001 was filed by the Applicant for restoration of the Appeal. k 2 3 The Appeal was directed against the judgment and decree dated 12th June, 1998 in a Suit filed by the Respondent for injunction and for direction not to dispossess him without following due process of law. The suit was decreed on 12th June, 1998. Till this date, the Applicant has not taken out any proceedings against the Respondent claiming any right including possession of the suit property. 4 It appears that after the order dated 23.08.2001, passed in Civil Application No.1014 of 2001, the Appeal was restored to file subject to payment of costs of Rs.1,000/-. The costs was directed to be deposited with the Legal Services Authority within a period of two weeks from the date of the order i.e. 23.08.2001. Despite this order the costs was not deposited by the Applicant. Applicant in paragraph 3 of the Application has stated that he had paid Rs.4,000/- to his advocate to pay the 3 costs as also other expenses but the advocate did not do so and hence there is a delay in paying the costs. He has explained the delay in paying the costs and not for filing this application. 5 It appears that thereafter the matter was placed on board on 26.03.2008 before Mr.A.S.Oka, J., when this court recorded that the costs was not paid and, therefore, the Appeal was dismissed for non-prosecution. On 26.03.2008, the advocate for the Appellant, who was present in the court, was the very same advocate to whom the Applicant claims that he had paid Rs.4,000/-. Despite the order dated 26.03.2008 the cost was not paid. The Applicant has stated in the application that there is a delay of about 710 days caused in filing the Application. This statement is also not correct. The delay is of more than 9 years to file this application. In my opinion, no satisfactory explanation/sufficient cause 4 is offered/shown by the Applicant for condonation of delay. In the circumstances, this Application is rejected. (D.B.BHOSALE,J.)