1 caf16-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION rpa CIVIL APPLICATION NO.16 OF 2010 IN FIRST APPEAL ST. NO.30726 OF 2009 Rajesh Jagdeo Ingle .. Applicant V/s. Mahendra Krishnarao Kasar & Anr. .. Respondents ..... Mr. P. S. Pandey for the applicant. Mr. N. B. Khan for respondent Nos. 1 and 2. ..... CORAM : A. S. OKA, J. DATE : MARCH 25, 2011. P.C.:- Heard the learned counsel appearing for the applicant and the learned counsel appearing for the respondents. The application is opposed by the learned counsel appearing for the respondents. The application discloses that a Notice of Motion was taken out by the applicant on 16th July, 2009 before the trial Court for setting aside the impugned decree dated 18th March, 2009. The said Notice of Motion was dismissed on 14th October, 2009. Thereafter, the present Appeal was preferred in this Court against the impugned decree in December 2009. Thus, there is an adequate explanation for delay and sufficient 2 caf16-10 cause is made out. However, the respondents will have to be compensated by ordering payment of costs of Rs.5000/-. Rule is, accordingly, made absolute in terms of prayer clause (a) subject to applicant paying costs of Rs.5000/- to the respondents within a period of four weeks from today. Payment of costs will be condition precedent. JUDGE