pdp FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2679 OF 2005 IN FIRST APPEAL STAMP NO. 30913 OF 2004 ------------------------------------------------------ Office Notes, Office Court’s or Judge’s Memoranda of Coram, orders appearance, Court’s orders or directions and Registrar’s orders ------------------------------------------------------ Ms. Lalita Panchakshari for applicant. Mr. Prathamesh Bhargude i/by Mr.S.B. Deshmukh for the respondent nos.1 to 3. CORAM: B.H. MARLAPALLE,J. 19/03/2009. P.C.: . Heard Ms. Panchakshari the learned counsel for the applicant - original defendant who has filed First Appeal under Stamp No. 30913 of 2004. The appeal has been filed belatedly and, therefore, this application for condonation of delay. . As per the office note, the appeal is beyond time by 100 days. Rule was granted on 8/6/2006 and affidavit-in-reply has been filed and it has been contended that only 20 days delay has been explained and, therefore, the application deserves to be rejected. It is further pointed out by the learned counsel for the respondent that no steps have been taken to deposit the decretal amount till this date. . I am satisfied that the delay caused cannot be termed as inordinate delay and it deserves to be condoned but on the condition that the decretal amount as payable as of now is deposited by the applicant with the trial court within a fixed period. . Hence, the application is allowed in terms of prayer clause (a) on the condition that the entire decretal amount payable as of 31/3/2009 is deposited by the applicant with the trial court before 30/4/2009. . List the appeal for admission before the appropriate Bench on 4/5/2009. (B.H. Marlapalle,J.)