1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR Civil Application (CAF) No. 3321 of 2009 in First Appeal (stamp) No. 17722 of 2009 (Spl. Land Acquisition Officer and anr. ..VERSUS.. Dada Mahadeo Katkadi) =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-==- Mr. A.S.Fulzele, Advocate for applicant. Mr. R.K.Rai, Advocate for Respondent C ORAM : D.B.BHOSALE ; and PRASANNA B. VARALE, J. DATED : 24th June, 2010. 1. Heard learned counsel for the parties. 2. By this Civil Application, the applicants/ appellants have prayed for condonation of delay of 328 days caused in filing the Appeal. 3. We have perused the civil application. Though, the explanation for seeking condonation of delay is not satisfactory, in the interest of justice, we are inclined to allow this application, subject to payment of costs. Hence, we pass the following order : i) Civil Application is made absolute in terms of prayer clause (i) therein, subject to payment of costs of Rs.3,000/- to be paid to the 2 respondent/claimant, within a period of four weeks from today. ii) If the costs are not paid to the respondent within the stipulated time, the appeal shall stand dismissed for non-prosecution, without further reference to the Court. iii) The appeal to come up for admission only after payment of costs to the respondent. It is made clear that no further extension shall be granted for payment of the costs. iv) It is open to the respondent to apply for withdrawal of the amount of compensation deposited by the appellants. With these observations, civil application is disposed of. JUDGE JUDGE Diwale