1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2137 OF 2007 IN WRIT PETITION NO.3355 OF 1998 Baban Laxman Motkari & Anr. ..Applicants. V/s. Eknath N. Motkari & Ors. ..Respondents. Mr.Anand Kulkarni i/b.Ms.Seema Sarnaik for applicants. Mr.M.M.Sathaye for Respondent Nos. 10A to 10K. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : JANUARY 23, 2009. DATE : JANUARY 23, 2009. DATE : JANUARY 23, 2009. P.C. : P.C. : P.C. : 1. Although this application is opposed on the argument that delay is not properly explained, however, since no prejudice would be caused to the Respondent, in the interest of justice, Application deserves to be allowed. For, the main Writ Petition will nevertheless be proceeded by Petitioner No.1. Therefore, this application is allowed in terms of prayer clauses (a) to (e) on condition that the Applicants shall pay cost to the Respondent Nos.10A to 10K quantified at Rs.1,000/- within one week, failing which Petition to stand dismissed for non-prosecution. 2 (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)