: 1 : SD IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2185 OF 2004 CIVIL APPLICATION NO.2185 OF 2004 CIVIL APPLICATION NO.2185 OF 2004 IN IN IN FIRST APPEAL (ST.) NO.16998 OF 2004 FIRST APPEAL (ST.) NO.16998 OF 2004 FIRST APPEAL (ST.) NO.16998 OF 2004 The Municipal Corporation of Greater . Bombay ...Applicant V/s. Suresh Kaulchand Jogani & Ors. ...Respondents Mr.J.J. Xavier, Advocate, for the Applicant. Mr.Vinod Desai, Advocate, for Respondent Nos.1 and 2. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 28TH FEBRUARY, 2008. DATE : 28TH FEBRUARY, 2008. DATE : 28TH FEBRUARY, 2008. P.C.: P.C.: P.C.: 1. Heard Advocate for the applicant and Advocate for respondent Nos.1 and 2. The Advocate for respondent Nos.1 and 2 has placed reliance on a decision of the Apex Court in the case of P.K. Ramachandran V/s. State of Kerala & Anr. [(1997) 7 SCC 556] as well as a Judgment of the learned Single Judge of this Court in the case of Laxman N. Divekar V/s. State of Maharashtra [1998 (1) Mh.L.J. 745]. He submits that there is absolutely no explanation for delay of 237 days. 2. Considering the drastic nature of the impugned Judgment and Decree and what is stated in paragraph : 2 : No.3 of the Application, sufficient cause is made out for condonation of delay. However, the applicant will have to pay costs to the 1st and 2nd respondents. 3. Hence, Rule is made absolute in terms of prayer clause (a) subject to the applicant paying total costs of Rs.5,000/- to the 1st and 2nd respondents within a period of eight weeks from today. Payment of costs will be a condition precedent. 4. Appeal to be placed for admission immediately after the same is registered. [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]