1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 8723 OF 2010 Prabhakar s/o Chandrakant Khadke .. PETITIONER VERSUS The Dy. Director of Land Records & others .. RESPONDENTS Mr. S.A. Deshmukh, advocate for the petitioner. Smt. Y.M. Kshirsagar, AGP for the State. Mr. V.D. Hon, advocate for respondent nos. 2 and 3. ===== CORAM : R. M. BORDE, J. DATE : 19 th OCTOBER, 2010. PER COURT : 1 Application seeking condonation of delay of 5 years in presenting appeal was allowed by the Deputy Director of Land Records, Aurangabad. 2 It is the contention of the petitioner that there are no reasons stated either in the application or in the order directing condonation of delay, in respect of failure of the respondents to present appeal within the prescribed period of limitation. Mr. Hon, learned counsel for the respondents contends that infact the notices of proceeding taken up before the lower authority 2 were not served on the respondents and as such they had no knowledge of the impugned order. However, on perusal of memo of appeal or the application seeking condonation of delay such contention does not appear to have been raised. 3 In the circumstances, the interest of justice would be met if the order passed by the Deputy Director of Land Records directing condonation of delay is made conditional subject to payment of cost. Considering the fact that the petitioner and respondents are brothers interse, it would serve the ends of justice if the respondents are directed to pay cost of Rs.2,000/- to the petitioner. The amount of cost shall be deposited before the appellate forum within six weeks from today. No interference is required to be caused in the petition. Petition stands rejected. 4 Pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE, J.) dyb/office/wp8723.10.odt