IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.785 OF 2006. APPLICATION NO.785 OF 2006. APPLICATION NO.785 OF 2006. IN IN IN SECOND SECOND SECOND APPEAL (ST) NO.8019 OF 2006. APPEAL (ST) NO.8019 OF 2006. APPEAL (ST) NO.8019 OF 2006. .................................................................. Office notes, office memoranda of Coram, appearances, Court’s Court’s or Judge’s orders. orders or directions and Registrar’s orders. .................................................................. Shri Ajay Kumbhar i/by Shri Vishwanath Talkute for the Applicants. Shri P.A.Pol for the Respondent No.2. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATED DATED DATED : 17th December, 2007. : 17th December, 2007. : 17th December, 2007. P.C.: P.C.: P.C.: 1. Heard advocates appearing for the parties. The application is strongly opposed by the advocate for the second respondent. Reply filed by the respondents is on record. 2. Considering the averments made in the application, a case is made out for condonation of delay of 241 days. Though the application deserves to be allowed, considering the delay, the contesting respondents will have to be awarded costs. Hence, rule is made absolute in terms of prayer clause (a) subject to condition of the applicants paying costs of Rs.1,500/- to the second respondent. Payment of costs will be a condition ... 2 ... precedent. 3. This application already stands abated as against the fourth respondent. Accordingly, Second Appeal also stands abated as against the fourth respondent. 4. The appeal shall be placed for admission immediately after the same is registered. JUDGE JUDGE JUDGE