: 1 : SD IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1659 OF 2007 CIVIL APPLICATION NO.1659 OF 2007 CIVIL APPLICATION NO.1659 OF 2007 IN IN IN SECOND APPEAL (ST.) NO.26650 OF 2007 SECOND APPEAL (ST.) NO.26650 OF 2007 SECOND APPEAL (ST.) NO.26650 OF 2007 Hidaytulla Hasan Bade ...Applicant V/s. Halima Usman Bade & Anr. ...Respondents Mr.Nitin Mulye, Advocate, for the Applicant. Mr.M.S. Kadu, Advocate, for the Respondents. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 14TH MARCH, 2008. DATE : 14TH MARCH, 2008. DATE : 14TH MARCH, 2008. P.C.: P.C.: P.C.: 1. Heard Advocates appearing for the parties. Application is opposed by the Advocate for the respondents by pointing out that there is absolutely no sufficient cause is made out in the Application. 2. Perusal of the paragraph Nos.2 and 3 of the application shows that there is an explanation for delay. The delay is of 362 days. Though a case is made out for condoning the delay, the applicant will have to pay costs. 3. Hence, Rule is made absolute in terms of prayer clause (a) subject to condition of the : 2 : applicant paying costs of Rs.3,500/- to the respondents within a period of six weeks from today. Payment of costs will be condition precedent. Deposit of the amount of costs in this Court within stipulated time will be treated as sufficient compliance. 4. Appeal shall be placed for admission immediately after the same is registered. [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]