1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1886 OF 2009 IN FIRST APPEAL (STAMP) NO.5466 OF 2009 The State of Maharashtra .....Applicant V/s. Kishorilal Gopikisan Kasat since deceased through his legal heirs Asha Kishorilal Kasat and Ors. ..... Respondents Mr.S.N.Gawade, A.G.P., for the Appellant-State. Mr.T.D.Deshmukh, for respondent Nos.1A to 1B. CORAM :P.B.MAJMUDAR & R.V.MORE, JJ. DATE : JULY 21, 2009 P.C. 1. This is an application for condonation of delay in filing the First Appeal. The appeal is barred by one year and 59 days. The ground mentioned in the civil application is regarding procedural aspect which is involved and which is responsible for such delay. 2. With a view to see that the real cause involved in the appeal may not suffer, we condone the delay in filing the first appeal by imposing costs of Rs.5,000/- (Rupees Five Thousand only) on the 2 applicant. The applicant is directed to deposit costs before this Court within a period of three weeks from today. On such deposit, the respondents would be entitled to withdraw the same unconditionally. Delay is accordingly condoned on the condition that the applicant shall deposit Rs.5,000/- as indicated in this order. Rule is made absolute in the above terms. If the amount of costs is deposited within the stipulated period, the First appeal may be circulated for admission. 3. Civil application is disposed of. ( R.V.MORE, J. ) (P.B.MAJMUDAR, J.)