1 CAF 4428 OF 2010 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4428 OF 2010. IN FIRST APPEAL (ST) NO.28812 OF 2010. The Municipal Corporation of Greater Mumbai .. applicant. -versus Raghupunna and ors .. Respondents. Mr. Vinod Mahadik, i/b Mr. R. P. Malandkar, for the applicant. Ms. R. H. Bhandari, for the respondent Nos 1 and 2. Ms J. P. Thakkar, for respondent Nos 3, 5 and 8. CORAM: A. S. OKA, J. DATED: 20th April, 2011 P.C. 1. Heard learned counsel appearing for the applicant, learned counsel for first and second respondent and learned counsel for respondent Nos 3, 5 and 8. This application for condonation of delay is opposed by respondents by pointing out that there is no sufficient cause for delay of 400 days. 2. It must be stated here that the respondent Nos 4, 6 and 7 have expired. The said respondents were the trustees of the third respondent and hence there may not be any abatement. 3. The applicant has filed an affidavit of managing 2 CAF 4428 OF 2010 clerk. He has stated that the papers of the suit got mixed up in other papers. The racks of the pending matters of each Court and each ward are adjacent to each other. Therefore, due to oversight the papers got mixed up with papers on some other racks. He stated that when enquiry was made by the concerned officer of the ward in the month of September, 2009, he started searching papers and after papers were found he noticed that the suit was decreed on 26th August, 2009. 4. In paragraph 5 of the affidavit, he has stated that he is over burdened with heavy work as he has to look after litigations pending in City Civil Court. He immediately applied for certified copy of decree and on receiving the same this affidavit has been filed. The delay has been explained by the appeal of managing clerk. Hence, the same deserve to be condoned. However, applicant will have to pay costs. 5. Accordingly rule is made absolute in terms of prayer clause (a). Applicant will pay costs of Rs.2,500/- to the respondent Nos 1 and 2. Applicant will also pay costs of Rs. 2,500/- to respondent Nos 3, 5 and 8. Costs shall be paid within six weeks from today. Payment of costs will be the condition precedent. (A. S. OKA, J.)