1 1 1 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.1371 OF 2003 CIVIL APPLICATION NO.1371 OF 2003 CIVIL APPLICATION NO.1371 OF 2003 IN IN IN SECOND APPEAL STAMP NO.44319 OF 2003 SECOND APPEAL STAMP NO.44319 OF 2003 SECOND APPEAL STAMP NO.44319 OF 2003 Vishnu Laxman Bhore : Applicant. versus Prabhavati Ramchandra Bahulekar deceased through legal heirs Girish Ramchandra Babulekar & ors. : Respondents. Mr.G.M.Savagave for the applicants. Mr.S.D.Kataria for Respondent Nos.1,2,4,5,7,8 & 9 CORAM : D.G.DESHPANDE,J. CORAM : D.G.DESHPANDE,J. CORAM : D.G.DESHPANDE,J. DATED : 20th October 2005. DATED : 20th October 2005. DATED : 20th October 2005. ORAL ORDER ORAL ORDER ORAL ORDER 1. This is an application for condonation of delay of 20 days. The application is strongly 2 2 2 opposed by the counsel for the respondents on the ground that he has obtained a decree which could not be executed for last 50 years due to different proceedings initiated by the appellants. In any case, he contended that heavy costs should be saddled upon the appellants/applicants. 2. Counsel for the applicants contended that in another appeal, where the similar delay was there, was condoned subject to costs of Rs.2500/- and, therefore, at least same costs should be saddled upon the appellants/applicants. 3. The facts in that case may be different, I am not concerned with that order. In view of the facts of the present case and the submissions made by the counsel for the respondents, Rs.3000/- is most appropriate and adequate costs. In view of this, the application is allowed. Delay is condoned subject to costs of Rs.3000/-. Payment of costs is a condition precedent. Costs to be paid to the advocate for the respondents on or before 7th December 2005. Put up the matter for admission on 8th December 2005. Civil Application is disposed of. 3 3 3 [D.G.DESHPANDE,J] [D.G.DESHPANDE,J] [D.G.DESHPANDE,J]