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.2525 OF 2005. APPLICATION NO.2525 OF 2005. APPLICATION NO.2525 OF 2005. IN IN IN FIRST FIRST FIRST APPEAL (ST) NO.13798 OF 1999. APPEAL (ST) NO.13798 OF 1999. APPEAL (ST) NO.13798 OF 1999. Kalpana Damodar Shirodkar ...Applicant. Versus. Dattatraya Mitra Bhajan Mandal ... Respondent. Shri N.V.Walawalkar, Sr Advocate i/by Shri G.H.Keluskar for the Applicant. Shri Atul Singh h/f Shri D.R.Shah for the Respondent. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATED DATED DATED : 01st February, 2008. : 01st February, 2008. : 01st February, 2008. P.C.: P.C.: P.C.: 1. Heard the learned counsel appearing for the parties. Application for condonation of delay of more than two years is strongly opposed by the advocate for the respondent. He invited my attention to the reply and submitted that there is no explanation whatsoever for the delay. 2. Perusal of the application shows that there is an explanation offered for delay in paragraph Nos.5 and 6. Though a case is made out condonation of delay, the respondent will have to be compensated by ordering payment of costs. 3. Hence, I pass the following order: (i) Rule is made absolute in terms of prayer clause : 2 : 2 : 2 : (a) subject to condition of the applicant paying costs of Rs.5,000/- to the respondent within a period of six weeks from today. Payment of costs will be a condition precedent. Deposit of the amount of costs in this Court within stipulated time will be treated as a sufficient compliance. (ii) If compliance is made, appeal shall be placed for admission on seventh day after the same is registered. Judge. Judge. Judge.