: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4111 OF 2009 IN FIRST APPEAL (ST.) NO.24882 OF 2009 Shailendra Hariprasad Sailani .. Applicant V/s. Poornima Shailendra Sailani & Anr. .. Respondents Ms. Shubhangi Kadam i/b. Mr. S.G. Deshmukh for the Applicant. Mr. Suresh Malkani for Respondent No.1. CORAM : SMT. NISHITA MHATRE, J. DATED : 6 TH APRIL, 2010. P.C.: 1. This Civil Application has been filed for condoning the delay in presenting the First Appeal. The delay, according to the applicant, is of 9 months and 9 days. However, it appears that the Registry has calculated a delay of 5 years and 54 days. This calculation of the Registry is incorrect. 2. The learned Advocate for the respondent No.1 states that the delay should not be condoned and if it is to be condoned, it should be subject to a direction to pay the maintenance which is : 2 : outstanding. He submits that about Rs.4,44,000/- is the outstanding amount towards the maintenance payable to the respondents from 2005 onwards. 3. Considering the contentions in the Civil Application and the reply filed by the respondents as well as the submissions of the parties, in my view, delay can be condoned, however, subject to certain conditions. 4. Accordingly, the Civil Application is allowed in terms of prayer clause (a) subject to : (i). payment of costs of Rs.2,000/- each to the respondents within a period of two weeks from today. (ii). deposit of Rs.1,00,000/- in the trial Court within a period of four weeks from today. 5. The First Appeal will be listed for admission only thereafter.