1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 5526 OF 2008 IN FIRST APPEAL NO. 1363 OF 2003 Ramkumar Vishwakarma ........Applicant versus Haji Mustafa Khan ........ Respondent. Ms. Sapana Rachure i/b T.N. Tripathi & Co. adv. for the Applicant Mr. M.S. Kadu adv. for the respondents CORAM: A. P. DESHPANDE, J. DATED : 13th MARCH, 2009. P.C.: 1. By the present application, a prayer is made for condonation of delay in filing the present application and for restoration of the appeal that came to be dismissed in default on account of non removal of the office objections. It is stated in the application that the applicant is a senior citizen and not keeping good health and suffering from serious illness. The wife of the applicant is also stated to be bed ridden for the last two years. Having regard to the averments made in the application, in the interest of justice, the application deserves to be allowed, however the respsondent can be compensated by payment of costs. In the result delay is condoned. Appeal is restored, 2 however subject to payment of costs of Rs.2000/­ by the applicant to the respondent within a period of four weeks from today. (A. P. DESHPANDE, J.)