1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 4241 OF 2009 IN APPEAL (L) NO. 777 OF 2009 IN SUIT NO. 788 OF 1983 Gajanan Balkrishna Nadkarni .... Appellant. vs. Prema Maheshwar Pandir & Ors. ..... Respondents. Mr. S.H. Thatte, Shashank Thatte, Sucheta Joshi-Dongre i/by Pankaj Thatte for the Appellant. Mr. O.J. Menezes for respondents. CORAM : J.N. PATEL, ACTING, C.J. & B.R. GAVAI, J. DATE : 9TH FEBRUARY, 2010. P.C. Heard. 2. For the reasons stated in the affidavit in suport of the notice 2 of motion, we are inclined to condone the delay though we find that delay was on account of negligence on the part of the appellant which can be compensated by awarding cost to the respondents. Therefore, delay is condoned subject to the appellant paying cost of Rs. 10,000/- to the respondents. Notice of Motion is made absolute in the aforesaid terms. Cost to be paid within two weeks. On cost being paid, appeal be registered and placed for admission. Failure to pay cost would result in dismissal of the notice of motion without any further reference to Court. (J.N. PATEL, ACTING, C.J.) (B.R. GAVAI, J.)