-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No.10034 of 2004 Shri Haridas Tulshiram Vyavahare ..Petitioner vs. 1. Sou.Jijabai Shivaji Kavade and others ..Respondents Shri S.U.Dhakephalkar for petitioner. Shri A.A.Joshi for respondents. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. 25th January, 2008 25th January, 2008 25th January, 2008 P.C. P.C. P.C. 1. Writ Petition itself is taken up for admission by consent of the parties. The original plaintiff is the only contesting respondent. Office objection is, therefore, waived. 2. The matter is strictly between the petitioner/original appellant before the lower Appellate Court and the Appellate Court. The appellate Court condoned the delay on the condition that the cost of Rs.2000/- would be paid by the petitioner but he did not pay the entire amount but paid part sums in the time stipulated. He applied for extension which application is dismissed and that is why this -2- petition. After hearing both sides I am satisfied that interest of justice would be subserved if within 10 days from today the petitioner pays the differential amount of costs and if the same is paid within 10 days the lower Appellate Court to accept the same and place the appeal for hearing and final disposal . if the amount is paid and the proof thereof is produced the lower Appellate Court to endeavour and dispose of the civil appeal as expeditiously as possible and within a period of 3 months from the date of production of the proof of payment. In default writ petition to stand dismissed and petitioner’s appeal before the lower Appellate Court would stand dismissed. 2. All concerned to act on authenticated copy of the order. (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.)