1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICAITON NO.2856 OF 2007 IN WRIT PETITION NO.1682 OF 1993 Sampatrao Y. Yevale(deceased) 1a.Ashok Sampat Yevale & Ors. ..Applicants. v/s. Shri Babu B. Yevale(deceased) 1(a) Ramrao B. Yevale & Ors. ..Respondents. Mr.Siyog Londhe i/b. Shri Girish Paryani for applicants. Mr.Bhushan Walimbe for Respondents. CORAM:- A.M.KHANWILKAR, J DATED :- AUGUST 14, 2009. P.C. 1. Heard Counsel for the parties. 2. This application is vehemently opposed by the Counsel for the Respondents on the argument that no case has been made out in the Application leave alone sufficient cause which the Applicants were expected to disclose. Besides, it is argued that the explanation offered in the Application at best can justify inaction of one of the Applicant namely, 2 Applicant No.1 (e). No justification whatsoever has been given as to what prevented the other applicants from taking necessary steps to bring on record heirs of deceased sole Petitioner, who died as back as on 1st December, 1999. The Counsel for the Respondents also argued that the Petitioners would get undue benefit, if this Court were to show any indulgence to the Applicants, in as much as the case of the Respondents is that they have been forcibly dispossessed and inspite of succeeding in the lower Court, have to wait to enjoy the fruits of the decision on account of pendency of this Petition since 1993. According to the Respondents, the real reason is to protract the present proceedings, so as to deprive the Respondents of the benefit of the decree in their favour. I am in agreement with the grievance made by the Respondents. However, by way of indulgence, Applicants’ prayer for condoning delay of over seven years in taking out the present application is granted on condition that the Applicants shall pay costs quantified at Rs.10,000/- to the Respondents within four weeks from today, failing which the earlier order shall get revived. Resultantly, the Writ Petition will have to be treated as dismissed for non- prosecution. 3. However, if the Applicants pay costs in time, the Applicants would be 3 free to amend the cause title of the Writ Petition and soon thereafter the Writ petition shall proceed for final hearing as it pertains to year 1993. Ordered accordingly. (A.M.KHANWILKAR,J)