:1: 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 SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPLICATION NO.220 OF 2007 CIVIL APPLICATION NO.220 OF 2007 CIVIL APPLICATION NO.220 OF 2007 IN IN IN CIVIL REVISION APPLICATION NO. OF 2007 CIVIL REVISION APPLICATION NO. OF 2007 CIVIL REVISION APPLICATION NO. OF 2007 Shri Vijaykumar Ramchand ...Applicant. v. Mr.Kanayalal Ramchand & Ors. ...Respondents. Mrs.Hansa Asher Mehta, adv. for the Applicant. Ms.Geeta Shastri i/by Khilnani & Co. adv. for the Respondent No.1. Mrs.G.P.Mulekar, A.G.P. for the Respondent No.4. CORAM: CORAM: CORAM: J.H.BHATIA,J. J.H.BHATIA,J. J.H.BHATIA,J. DATE: 1st February, 2008. DATE: 1st February, 2008. DATE: 1st February, 2008. P.C. P.C. P.C. 1. Heard the learned counsel for the Parties. 2. This is an application for condonation of delay in filing the revision application. It appears that the applicant had filed revision application against the order dated 31st August, 2006 whereby the appeal filed by the respondent/plaintiff was allowed. Initially, the present applicant filed a writ petition against the said order. However, writ petition came to be disposed off on 19th April, 2007 with the observation that under the law efficacious remedy of revision is available. While disposing off the said writ petition, the Court had directed that if the revision is filed within a period :2: of four weeks from that day, the period of pendency of this petition will be taken into consideration for condonation of delay, if any. In view of this, the revision application could be filed on or before 17th May, 2007 but as it was during the summer vacations, revision application could be filed on the first day after the re-opening of the Court after vacation, i.e., on 4th June, 2007. However, the present Revision Application was filed on 27th June, 2007, i.e., 23 days after re-opening of the Court. I do not find any valid explanation for delay. However, taking into consideration the fact that the trial Court had dismissed the suit for eviction and the appellate Court had allowed the appeal in the interest of justice, I am inclined to condone the delay but it should be subject to the cost. 3. Subject to payment of cost of Rs.2,000/- within two weeks from this day, civil application is allowed and the delay is condoned. In case, the applicant fails to deposit the cost within two weeks, this application shall be deemed to have been dismissed. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)