1 caf1781 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.1781 OF 2011 IN FIRST APPEAL ST.NO.11405 OF 2011 Municipal Corporation of Greater Mumbai & Anr. ...Applicants vs. Mohan Laxman Singh Parmar ...Respondent Mr.Vinod Mahadik i/b Mr.R.A.Malandkar for the applicant Mr.Deepak Lulia for the respondent CORAM : A.S.OKA,J. DATE : AUGUST 11, 2011 P.C.: 1 Heard the learned counsel for the applicants and the learned counsel for the respondent. Perused the reply filed by the respondent. Perused the impugned Judgment and decree. One of the questions which arises is regarding maintainability of the suit. It is true that there is a long delay of 215 days. However, the delay has been explained by the averments made in the application. Hence, sufficient cause is made out. However, the applicants will have to pay costs. The amount of costs is quantified at Rs.5000/-. 2 Hence, I pass the following order : i) Rule is made absolute in terms of prayer clause (a) subject to the applicants paying costs of 2 caf1781 Rs.5000/- to the respondent within a period of six weeks from today. Payment of costs will be a condition precedent. JUDGE