1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1861 OF 2009 IN FIRST APPEAL (ST) NO.9917 OF 2009 The Municipal Corporation of City of Pune .... Applicant V/s. Ramkrishna Math and Anr. ..... Respondents Mr.S.M.Gorwadkar, for the applicant Mr.U.S.Upadhya i/by S.N.Chandrachood, for respondent NO.1. Smt.S.V.Sonavane, a.G.P., for the State. CORAM :P.B.MAJMUDAR & R.V.MORE, JJ. DATE : SEPTEMBER 24, 2009 P.C. 1. Heard the learned counsel for the parties. 2. Considering the averments made in the civil application and considering the fact that the real issue involved in the matter can be adjudicated on merits, the delay in filing the First Appeal is condoned. However, the applicant is directed to pay cost of Rs.10,000/- to the respondent No.1. Such cost to be paid within a period of two weeks from today. Civil application is allowed subject to payment of cost as indicated above. ( R.V.MORE, J. ) ( P.B.MAJMUDAR, J.)