1 IN THE COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4432 OF 2008 IN FIRST APPEAL NO. 980 OF 2000 Sunder K.Shetty ..Appellant V/s. Vithal Shetty ..Respondent Mr.Santosh Shetty for the Appellant/Applicant. Mr.Himanshu V.Pradhan for the Respondent. CORAM : R.M.SAVANT, J. DATED : AUGUST 26TH, 2008. P.C. By the above Civil Application, the Applicant/Appellant prays for condonation of delay in filing the certified copy of the Judgment and decree which is challenged in the above Appeal. Initially an order came to be passed on 29th April, 2005 on the basis of the undertaking given by the 2 learned Advcoate for the Appellant/Applicant that he would remove the office objection within four weeks from the said date i.e.29th April, 2005. Thereafter by an order dated 1st June, 2005 the time was extended by a further period of two weeks. The time was lastly extended by order dated 26th June, 2008 by which order the time was extended for a period of two weeks to remove the office objections, failing which the Appeal was to stand dismissed for non-prosecution. 2. The Appellant/Applicant has mentioned the reasons in the Civil Application as to why the certified copy of the Judgment and decree could not be filed. The above First Appeal has been admitted on 21st July, 2001. Though the above Application has been seriously opposed on behalf of the Respondent, in my view, the interest of justice would be served if the delay in filing the certified copy of the Judgment and decree is 3 condoned. The above Civil Application is accordingly allowed in terms of prayer clause “a”. The Applicant to pay costs of Rs.1,000/- to the Respondent to be paid within four weeks from date. 3. In view of the order passed on the Civil Application, the Court Receiver not to take further steps in respect of the properties in question. [R.M.SAVANT, J.]