1 caf4299 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.4299 OF 2011 IN FIRST APPEAL st.NO.20499 OF 2009 Peter J.R.Prabhu ...Applicant vs. Shamba Gnyandev Kochrekar & Ors. ...Respondents Mr.A.S.Khandeparkar i/b Khandeparkar & Associates for the applicant Ms Vaidehi Mhaispurkar for the respondent no.1 CORAM : A.S.OKA,J. DATE : OCTOBER 13, 2011 P.C.: 1 Heard the learned counsel for the applicant and the learned counsel for the first respondent. The application is opposed by the learned counsel for the first respondent. 2 The application for condonation of delay stands dismissed as the applicant has failed to deposit the decretal amount in terms of the order dated 20 th October 2010. The learned counsel for the applicant states that the applicant is willing to deposit the entire decretal amount. He stated that in fact, a demand draft in favour of the Registrar drawn on 20 th September 2011 representing the entire decretal amount is ready. 2 Hence, the application deserves to be allowed subject to condition of the applicant paying costs 2 caf4299 to the first respondent. The amount of costs is quantified at Rs.5000/-. 3 Hence, I pass the following order : i) The application is allowed in terms of prayer clauses (a) and (b) subject to condition that the decretal amount shall be deposited by the applicant in this Court on or before 8 th November 2011. If compliance is not made within stipulated period, the order of dismissal shall stand. ii)The applicant shall pay costs of Rs.5,000/- to the first respondent within a period of four weeks from today. iii)If the entire decretal amount is deposited within stipulated time, execution of the decree shall not proceed for a period of six weeks from today. JUDGE