: 1 : SD 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.4065 OF 2008 APPLICATION NO.4065 OF 2008 APPLICATION NO.4065 OF 2008 IN IN IN FIRST FIRST FIRST APPEAL (ST.) NO.17943 OF 2008 APPEAL (ST.) NO.17943 OF 2008 APPEAL (ST.) NO.17943 OF 2008 Bhaktiyog Swami & Anr. ...Applicants V/s. Dr.N.D. Desai & Ors. ...Respondents Mr.S.V. Uttam i/b. Pardiwala & Co. for the Applicants. . Mr.V.V. Khemka for Respondent Nos.1 to 5. CORAM CORAM CORAM : K.K. TATED, J. : K.K. TATED, J. : K.K. TATED, J. DATE DATE DATE : 18TH OCTOBER, 2008. : 18TH OCTOBER, 2008. : 18TH OCTOBER, 2008. P.C.: P.C.: P.C.: . Advocate for the applicants has filed affidavit of service showing that the notice has been served on respondent Nos.6 and 7 and the same is on record. 2. The present Civil Application is for condonation of delay in preferring the First Appeal against the Judgment and Order dated 7th April, 2008 passed by the learned Judge of the City Civil Court, Greater Bombay, in S.C. Suit No.4508 of 1997. Advocate appearing on behalf of respondent Nos.1 to 5 vehemently opposed the present Civil Application. : 2 : 3. Considering the reasons given in paragraph Nos.3 and 4, the Civil Application is made absolute in terms of prayer clause (a). 4. The Civil Application is disposed of. [K.K. [K.K. [K.K. TATED, J.] TATED, J.] TATED, J.]