-1- 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 FARAD FARAD FARAD CONTINUATION SHEET CONTINUATION SHEET CONTINUATION SHEET CIVIL CIVIL CIVIL APPLICATION NO.4152 OF 2005 APPLICATION NO.4152 OF 2005 APPLICATION NO.4152 OF 2005 IN IN IN FIRST FIRST FIRST APPEAL ST.NO.20800 OF 2005 APPEAL ST.NO.20800 OF 2005 APPEAL ST.NO.20800 OF 2005 ............................................................. Office Notes,Office memorandum of Coram, appearances,Court’s Court’s or orders or directions Judge’s orders & Registrar’s orders. ............................................................. Mr.Ghanshyam Mishra for the Applicant Mr.Arvind Mishra for the Respondent No.3 CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATED: DATED: DATED: AUGUST 3, 2006. AUGUST 3, 2006. AUGUST 3, 2006. P.C.: P.C.: P.C.: 1. On the prayer made by the Advocate for the Applicant, names of Respondent Nos.1 and 2 are permitted to be deleted at the risk of the Applicant. 2. Heard Advocate for the Applicant and Advocate for the Respondent No.3. Application is strongly opposed by the Advocate for the Respondent No.3. Affidavit of Respondent No.3 is taken on record and marked ‘X’ for identification. In view of the averments made in paragraph No.3 of the Application, a case for condonation of delay is made out. However, delay is of more than one year and the Respondent No.3 will have to be -2- compensated by ordering payment of costs. 3. Hence, Rule is made absolute in terms of prayer clause (a) subject to the Applicant paying costs of Rs.3,500/- to the Respondent No.3 within a period of six weeks from today. Payment of costs will be a condition precedent. Judge. Judge. Judge.