１ IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 8240 OF 2009 IN REJECTED CASE NO. 1863 OF 2008 IN FIRST APPEAL STAMP NO. 15946 OF 2007 The Executive Engineer, EHV Con. Division, MSEB, Aurangbad ... APPLICANT V E R S U S Bhagwan s/o Chimnaji Patil and others ... RESPONDENTS ________________________________________________________ Shri. S. C. Yerammwar Advocate holding for Advocate Shri. A. S. Golegaonkar for the applicant Shri. B. N. Patil Advocate for respondents No. 1-A to 1-F Shri. N. R. Shaikh, A.G.P. For respondent No.2 ________________________________________________________ [ CORAM : A.V. NIRGUDE, J. ] DATE : 25TH SEPTEMBER, 2009 PER COURT : 1. Heard. 2. The applicant has not given any specific reason as to why they could not deposit Rs.3,000/-, the costs imposed on them for condoning the delay in filing of the first appeal. Since the ２ parties should be given an opportunity to contest the case on merits, I am inclined to modify the order condoning the delay. The order stands modified as under : The applicant shall deposit Rs.10,000/- as costs on or before 5th November, 2009. The application seeking condonation of delay stands allowed, and in case the amount is not deposited, as directed above, the appeal shall stand dismissed. The order passed on 20.08.2009 in C. A. No. 7937 of 2007 shall remain in force till further orders. Present application is accordingly disposed of. [ A.V. NIRGUDE, J ] srm/ca8240.09