MP 1 WP10169_10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10169 OF 2010 Shri Rajgonda Nemisha Khawate ... Petitioner Versus Shri Nemisha Ramchandra Khawate (deleted since died) Shri Ashok Nemisha Khawate ... Respondents Mr. T. S. Ingale for Petitioner. Mr. A. B. Borkar for Respondent Nos. 2 to 7. CORAM : B.R. GAVAI, J. MONDAY, APRIL 11, 2011 P. C. : Rule. Rule made returnable forthwith. Heard by consent. 2. By way of the present petition, the petitioner challenges the order dated 1st September 2010 vide which the learned Civil Judge, Senior Division, Jaysingpur has rejected the application filed by the present petitioner for condonation of delay in filing application for restoration of Special Civil Suit No. 74 of 2004. 3. The delay is of 55 days. The reason given is that the applicant was suffering from dysentery and anemia and there was a strike of advocates for four days and thereafter the summer vacation of the court was started. I find that the petitioner has made out the sufficient cause for condonation of delay. The petition is, therefore, allowed. 4. Mr. Borkar, the learned Counsel for the respondents vehemently opposes the petition. MP 2 WP10169_10 5. Rule made absolute in terms of prayer clause (b). However, it shall be subject to costs which are quantified at Rs, 10,000/-. The costs be deposited in the Trial Court within a period of four weeks from today. On depositing the costs, the respondents will be at liberty to withdraw the same. The deposit of costs is a condition precedent for allowing the petition. On failure to deposit the aforesaid costs, the petition shall stand rejected. (B.R. GAVAI, J)