1 21.cac-503-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION jmi CIVIL APPLICATION NO. 503 OF 2010 IN CIVIL REVISION APPLICATION (ST.) NO. 22374 OF 2010 IN APPEAL NO. 79 OF 2004 IN R.A.D. SUIT NO. 3907 OF 1985. Smt. Panidevi Mohanlal Jain (Ostwal) & Ors. ..Applicants. vs. Shri Paraschandra Maganlal Babel & Ors. ..Respondents. .... Mr. Bhalekar, h/f. Mr. Mahesh Dhuri, for Applicants. Mr. Rajesh Dixit, i/b. V.R. Tripathi & Associates, for Respondent No.1. .... CORAM : G.S. GODBOLE, J. DATE : 26TH AUGUST 2011. P.C. : This Application is for condonation of delay of 123 days in filing the Civil Revision Application. The Respondents are served. An Affidavit-in-Reply has been filed by the Respondent No. 1 opposing the Civil Application. Heard Mr. Bhalekar for the Applicants and Mr. Rajesh Dixit, instructed by Mr. Tripathi for Respondent No.1, who is the original Plaintiff and the only contesting Respondent. None for Respondent Nos. 2 and 3 though served. 2. It is not in dispute that the subject matter of the Suit in this Suit and two other connected Suits is also the subject matter of 2 21.cac-503-10 various litigations in the City Civil Court, an Arbitration Petition and a First Appeal in this Court. There is an Award which has been passed, Suits filed City Civil Court, are either disposed of on merits, withdrawn or dismissed in default and Appeals are pending in this Court. Apparently, it is obvious that the proceeding in the Small Causes Court and the City Civil Court in that sense are inter- connected. The delay is explained by relying upon the fact that before preparing and filing the Civil Application, all these complex proceedings were required to be considered and, without their consideration, the Civil Revision Application could not be prepared and filed. The Application is opposed on the ground that the name of the Advocate appearing for the Applicants in the Trial Court and the Appellate Court is not disclosed in the Civil Application. This cannot be a ground for refusing to condone the delay. Apart from the aforesaid grounds, the reasons given in paragraphs 6, 7 and 9 of the Civil Application, deserve to be accepted in the interests of justice. The prejudice caused to the Respondent No.1 on account of condonation of delay will have to be compensated by awarding cost. 3. Hence, the Civil Application is allowed subject to cost of Rs. 5,000/- to be paid directly to the Advocate for the Respondent No.1 or deposited in this Court within a period of two weeks from today. If cost is not paid/deposited as aforesaid, the Civil Application to stand dismissed without reference to Court. If cost is paid/deposited, list the Civil Revision Application for Admission as per the CMIS. [ G.S. GODBOLE, J. ]