spb/- 1 ca3864-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO. 3864 OF 2010 IN FIRST APPEAL (ST.) NO. 25573 OF 2010 ALONGWITH FIRST APPEAL (ST.) NO. 25573 OF 2010 Shankarlal Upaji Malviya ... Applicant. . V/s. Sheshmal P. Parmal & Ors. ... Respondents. --- Mr. R.S.Upadhyay for the Applicant/Appellant. Ms. Sandya M.Barude i/by P.M.Khankar for the Respondent No.1. Mr. Abhishek Karve i/Khare Legal Chambers for Respondent No.3 and 4. ----- CORAM : D. G. KARNIK, J. DATE : 28th FEBRUARY, 2011. P.C. 1 Heard learned counsel for the Applicant/Appellant and learned counsel appearing for the respondents. None present for respondent no. 2 though served. 2 For the reasons mentioned in paragraph 3 and 4, the delay of 104 days in filing of an appeal is condoned and application is allowed in terms of prayer clause (a) subject to the payment of costs of Rs.3000/- as condition precedent. Costs shall be deposited in this court within a period of four weeks. On such deposit, the respondent no.1 is permitted to withdraw Rs. 1000/- and respondent nos. 3 and 4 jointly are permitted to withdraw Rs.2000/-. In the event the costs are not deposited within four spb/- 2 ca3864-10.sxw weeks, the civil application shall stand dismissed and in that event the First Appeal (ST.) No. 25573 of 2010 shall also stand dismissed as barred by limitation. [D.G. KARNIK, J.] .....