IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO. 5423 OF 2000 APPLICATION NO. 5423 OF 2000 APPLICATION NO. 5423 OF 2000 IN IN IN FIRST FIRST FIRST APPEAL NO.121 OF 1983. APPEAL NO.121 OF 1983. APPEAL NO.121 OF 1983. Municipal Corporation of Brihan Mumbai. ... Applicant. Versus. Shri Naik Shantilal Muldeo Jani and others. ... Respondents. Shri Xavier for the Applicant. Shri D.S.Sawant for the Respondents. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATED DATED DATED : 7th MARCH, 2006. : 7th MARCH, 2006. : 7th MARCH, 2006. P.C.: P.C.: P.C.: 1. This Civil Application is opposed by Shri Sawant appearing for some of the Respondents by pointing out that there is a gross delay in filing this Application. Office noting shows that the Civil Application stands dismissed as against Respondent No.1(h). It is true that there is a long delay in filing the application. However, the Appeal has been disposed of as abated. In my view delay deserves to be condoned by compensating the Respondents by ordering the Applicant to pay substantial costs. 2. Accordingly the Application is allowed in terms of prayer clauses (a) to (d) as agaomst Respondents Nos.1(a) to 1(g) and 1(i) to 1(j) subject to condition that the Applicant-Corporation will pay costs of Rs.7500/- to the said Respondents within a period of four weeks from today. The deposit of the amount of : 2 : 2 : 2 : costs in this Court will be treated as sufficient compliance with this order. If the amount of costs is not paid or deposited within the stipulated time, the Application will stand dismissed for want of prosecution. If the compliance is made, office will place the First Appeal for final hearing in the week commencing from 17th April 2006. Judge. Judge. Judge.