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 JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 322 OF 2008 CIVIL APPLICATION NO. 322 OF 2008 CIVIL APPLICATION NO. 322 OF 2008 IN IN IN LETTERS PATENT APPEAL ST. NO. 25126 OF 2008 LETTERS PATENT APPEAL ST. NO. 25126 OF 2008 LETTERS PATENT APPEAL ST. NO. 25126 OF 2008 IN IN IN WRIT PETITION NO. 638 OF 1999 WRIT PETITION NO. 638 OF 1999 WRIT PETITION NO. 638 OF 1999 Shikshan Prasarak Mandal. .. Petitioner. vs. Sarjerao Ramchandra Jadhav & Ors. .. Respondents. Mr. Surel S. Shah for Petitioner. Mr. G.S. Godbole i/by Ashok B. Tajune for Respondents. CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & SMT. V.K. TAHILRAMANI,JJ. SMT. V.K. TAHILRAMANI,JJ. SMT. V.K. TAHILRAMANI,JJ. DATE: 6TH FEBRUARY, 2009. DATE: 6TH FEBRUARY, 2009. DATE: 6TH FEBRUARY, 2009. P.C. . Heard the learned counsel for the parties. 2. The learned counsel for the respondents strongly objects to condone the delay as there are no good and sufficient reasons and further submits that the LPA itself is not maintainable. In so far as the maintainability of the LPA is concerned, it can be 2 considered at the time this Court takes up the Letters Patent Appeal for admission. 3. In all fairness, the delay in filing the Letters Patent Appeal can be condoned and for that the respondents can be sufficiently compensated for the lapse on the part of the appellant in filing the Letters Patent Appeal. Therefore, we condone the delay subject to payment of costs of Rs. 5000/-. 4. Subject to the appellant paying a sum of Rs. 5,000/- to the respondents within a period of two weeks, the delay would stand condoned. On failure to comply with this order, the application would stand dismissed without further reference to Court. (J.N. Patel, J.) (J.N. Patel, J.) (J.N. Patel, J.) (Smt. V.K. Tahilramani, J.) (Smt. V.K. Tahilramani, J.) (Smt. V.K. Tahilramani, J.)