1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Civil Application No. 463/2005 (State of Maharashtra & others VERSUS Dayabai Ramchand Bharani & another) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Shri A.D. Sonak, Assistant Government Pleader for the appellant. Shri Lambat, counsel for the respondents. CORAM : SMT. VASANTI A. NAIK, J. DATE : JUNE 20, 2008. Heard the learned counsel for the parties. The prayer made in the civil application is strongly opposed by the counsel for the respondents. The respondents have also filed a reply to the civil application. It appears that this Court had directed the appellants to file the affidavit of the Assistant Government Pleader at Gondia on record. The affidavit is not filed on the record till today. I have perused the contents of the civil application and the reply filed thereto. It is necessary to grant the prayer made in the civil application and condone the delay of 158 days in filing the appeal only on the condition that the appellant pays costs of Rs.2,000/- (Rupees Two Thousand only) to the respondents on or before 2 21.07.2008. The appellants are liable to pay these costs for not filing an affidavit as directed by this Court on 21.11.2007. The costs of Rs.2,000/- payable to the respondents could be paid to the counsel for the respondents for the sake of convenience. The civil application is allowed in the aforesaid terms and disposed of. JUDGE APTE