1 caf3611 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3611 OF 2009 IN FIRST APPEAL (ST.) NO. 21291 OF 2009 WITH CIVIL APPLICATION NO. 3612 OF 2009 IN FIRST APPEAL (ST.) NO. 21291 OF 2009 Mrs. Leena Malcolm Pestonjee & Ors. ... ... Applicants. Versus Yusuf Mohammed Kantharia & Anr. ... ... Respondents. Mr. P. S. Dani for the Applicants. Mr. S. P. Kanuga i/by Ms. Sapna N. Nath for Respondent No.1. CORAM : A. M. KHANWILKAR and A. A. SAYED, JJ. DATED : 9TH AUGUST, 2010. P. C. : By the above applications, the applicants pray for condonation of delay of 28 days in filing the above appeals. Learned Counsel for respondent No.1 opposes the same on the ground that the applicants were aware even about the execution of the decree as far back as in June, 2009, however, the present application has been filed only in September, 2009. He further states that no proper explanation has been offered in the 2 caf3611 application with regard to the delay. 2. We have heard the learned Counsel for the parties and have also perused the application. Having considered the same, in the interest of justice, we are inclined to allow the application and condone the delay of 28 days in filing the appeal subject to payment of costs of Rs.5,000/- to be paid by the applicants to respondent No.1 in each of the applications within a period of two weeks from today. Ordered accordingly. The appeal be placed for admission as per its turn. 3. In the event of failure to pay the amount within the stipulated time, the order passed herein to stand recalled and the civil applications as well as the appeal consequentially to stand dismissed for non-prosecution without any further reference to the Court. 4. The civil applications are disposed of accordingly. Sd/- Sd/- (A. A. SAYED, J.) (A. M. KHANWILKAR, J.)