1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.5026 OF 2009 IN FIRST APPEAL NO.399 OF 2000 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr.Y.S.Bhate for the applicant. Mr.S.M.Mirajkar for the respondent. CORAM : D.B.BHOSALE AND R.Y.GANOO, JJ. DATED : 2/03/2010 PC: 1. Heard learned counsel for the parties. 2. By this civil application, the applicants have prayed for condonation of a long delay in filing this civil application seeking restoration of first appeal no.399 of 2000. The appeal, after its admission on 30.3.2000, came to be dismissed for non prosecution by virtue of the conditional order dated 12.2.2001 passed by this court. The applicants have stated in the application that they were not aware about the conditional order passed by the division S 2 bench dated 12.2.2001. They have further stated that they came to know about it only in December, 2009 and immediately thereafter this civil application was filed by them. There is no dispute that though the appeal was dismissed for non prosecution in February, 2001, the respondent did not initiate execution proceedings. That itself shows that even the respondent was not aware about the dismissal of the appeal for non prosecution. The respondent has not filed reply affidavit opposing the prayer in the civil application. Mr.Mirajkar, learned counsel for the respondent, however, opposed the prayer across the bar, and in the alternative submitted that if the court is inclined to condone the delay, a heavy cost may be imposed. Having considered overall facts and circumstances of the case and the submissions of learned counsel for the parties, we are inclined to allow this application. Hence we pass the following order: Civil application is made absolute in terms of prayer clause (a), (b) and (c) subject 3 to payment of costs of Rs.10,000/- by cheque to the respondent within a period of four weeks from today. If the costs is not paid by the applicants within the stipulated time the appeal shall stand dismissed for non prosecution without reference to the court. Civil application is disposed of. (R.Y.GANOO,J.) (D.B.BHOSALE,J.)