1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1532 OF 2010 IN FIRST APPEAL NO.1079 OF 2000 P.A.Morajkar and ors. ..Applicants Vs. Pandurang Ishwar Dhoble and ors. ..Respondents ......... Mr.V.S.Gokhale, for applicants. Mr.V.E.Pareira, for respondent Nos.1 to 3. ......... CORAM: R.G.KETKAR, J. DATE : 7th JUNE, 2010. P.C. : At the request made by Mr.Gokhale, learned counsel for the appellant, respondent Nos.4a to 4e are are allowed to be deleted in First Appeal and Civil Application. 2] This application is for setting aside the order dated 4 th August, 2007. By the conditional order dated 4 th August, 2007, it was directed that steps be taken for service of notice on the respondents/defendants and, in case within four weeks’ time, the service is not effected, the Appeal shall stand dismissed without further reference to the Court. It is not in dispute that the order dated 4 th August, 2007 is not complied with and, therefore, the First Appeal is dismissed in default. Consequently, respondent nos.1 to 3, who are the plaintiffs-decree 1532-10.sxw 2 holders, took out Darkhast Proceeding No.22 of 2010. After service of notice of Darkhast Proceeding, present Application is taken out. 3] Heard Mr.V.S.Gokhale, learned counsel for appellants and Mr.V.E.Pareira, learned counsel for respondent Nos.1 to 3. 4] Mr.Gokhale submits that the order dated 4 th August, 2007 could not be complied with inadvertently. He, therefore, requests that the delay caused in filing Civil Application may be condoned and the order dated 4 th August, 2007 may be set aside. On the other hand, Mr.Pareira, learned counsel for respondent nos.1 to 3 submits that the decree was passed against the present applicants in the year 2000 and till date the respondents are precluded from executing the decree. He, therefore, requests that if the present application is allowed, cost of Rs.25,000/- may be imposed on the applicants. 5] Considering the fact that the suit was decreed in the year 2000 and the conditional order was passed on 4 th August, 2007, in my opinion, the request made by respondent Nos.1 to 3 asking to deposit Rs.25,000/- by way of costs is reasonable. 6] In view of above, Civil Application is allowed in terms of prayer clauses (a) and (b), subject to the condition that the applicants shall deposit amount of Rs. 25,000/- by way of costs in this Court within a period one week from today. It is made clear that in case the amount of Rs.25,000/- is not deposited within the stipulated time, the Civil Application shall stand dismissed without further reference to the Court. In case the amount is deposited, the interim order passed by this Court on 21 st April, 2010 shall continue to operate for a period of 1532-10.sxw 3 four weeks from today. It is also made clear that if the amount deposited, the respondent No.1 Pandurang Ishwar Dhoble is permitted to withdraw the same unconditionally. Parties to act on a copy of this order duly authenticated by the Personal Assistant. [R.G. KETKAR, J.] 1532-10.sxw