1 27 caf.1418.11 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1418 OF 2011 IN FIRST APPEAL (stamp) NO. 9458 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. Vinod Mahadik i/b Mr. R.A.Malandkar for the Applicant/ BMC. Ms R.C.Nichani i/b Ms Deepa Kamat for Respondent No.1. CORAM : A.S.OKA, J. DATE : 08 th August, 2011. P.C. . The learned counsel appearing for the Applicant pointed out that First Appeal No.1453 of 2009 preferred by Respondent No.2 against the impugned decree has been admitted by this Court for final hearing. 2 The learned counsel appearing for Respondent No.1 has tendered affidavit­in­reply. The submission of the learned counsel appearing for Respondent No.1 is that the appeal preferred by Respondent No.2 was admitted as a statement was repeatedly made by the Applicant that even the Applicant has preferred an 2 27 caf.1418.11 appeal. However, present appeal was preferred in March 2011. The learned counsel appearing for the Applicant states that the appeal preferred by Respondent No.2 has been dismissed on account of non­compliance with the conditional order. 3 By the impugned decree, the Applicant – Corporation has been restrained from demolishing the alleged unauthorized structure. Delay is of 206 days. Considering the facts of the case, delay deserves to be condoned subject to payment of costs quantified at Rs.5,000/­ to the Respondent 4 Hence, rule is made absolute in terms of prayer clause (a) subject to condition of the Applicant paying costs of Rs.5,000/­ to the Respondent No.1 within a period of four weeks from today. [ A.S.OKA, J ]