1 caf3686-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION rpa CIVIL APPLICATION NO. 3686 OF 2010 IN FIRST APPEAL NO. 24144 OF 2010 Vijay Shankar Inamdar .. Applicant V/s. Sharad Ganesh Tisgaonkar & Ors. .. Respondents .... Mr. S. M. Gorwadkar for the applicant. Mr. J. S. Deo for the respondents. .... CORAM : A. S. OKA, J. DATE : FEBRUARY 15, 2011. P.C. Heard the learned counsel appearing for the applicant and the learned counsel appearing for the respondents who are the original plaintiffs. The challenge in the Appeal is to the decree for possession. The applicant has tendered an undertaking wherein he undertaken to deposit certain amounts in the Trial Court. The undertaking is affirmed today which is taken on record and marked “X” for identification. If compliance is made with the undertaking, the respondents will be entitled to withdraw the substantial amounts deposited by the applicant. 2 caf3686-10 2. In view of the undertaking and the averments made in this application from paragraph No. 7 onwards, there is sufficient explanation for delay of more than three years. The delay deserves to be condoned subject to payment of costs of Rs. 5000/-. Accordingly, application is allowed in terms of prayer clause (a). Applicant will pay costs of Rs. 5000/- to the respondents within a period of four weeks from today. JUDGE