1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.770 OF 2007 IN SECOND APPEAL ST. NO. 11509 OF 2007 Jagannath Shankar Malvi (deceased through his legal heirs) Jaishri Jagannath Malvi & ors. : Applicants. Versus Shri Shivram Narayan Malvi : Respondent. Mr.M B Kale for the Applicant. Mr.Nitin Mulye for the Respondent. CORAM : R.M.SAVANT, J. DATED : September 09, 2008 P.C. 1. By the above Civil Application, the Applicants pray for condonation of delay of 563 days in filing the above Appeal. The reasons for the said delay have been mentioned in the above Civil Application. On behalf of the Respondent, an affidavit in reply has 2 been filed opposing the above Civil Application. It is contended on behalf of the Respondent that the reasons given by the Applicant are not genuine as the Applicant was sleeping over the matter and only when the Darkhast Proceedings were filed, the above Second Appeal has been filed. 2. Considering the well settled principles as regards any Application for condonation of delay, in my view, in the interest of justice, the delay in filing the above Second Appeal is required to be condoned. The Civil Application is therefore allowed in terms of clause (a). 3. However, the interest of justice would also be served if the Applicants are directed to pay costs to the Respondent. Hence the Applicants are directed to pay costs of Rs.2,000/- to the Respondent. The said costs to be paid within four weeks from date. In the event the said costs are not paid, the benefit of this order would not enure to the Applicants. The Civil Application is accordingly disposed of. [R.M.SAVANT, J]