1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1586 OF 2007 IN SECOND APPEAL STAMP NO.14480 OF 2007 Smt.Champubai alias Yashodabai Yashwant Patil ..Applicants & ors V/s. Smt.Vithabai alias Satyabhamabai Krishna Gharat..Respondents & ors Mr.Kunal Damle, Advocate, for the applicants Mr.Nishigandh Patil, Advocate, for the respondent Nos.1 to 9 CORAM : R.M.SAVANT, J. DATE : 25TH SEPTEMBER, 2008 P.C. . By the above Civil Application, the applicant prays for condonation of delay of 480 days in filing the above Second Appeal. The reasons for the delay are mentioned in the Civil Application. Sum and substance of the reasons is that the applicants were unaware of the Judgment and Decree passed against them and became aware of 2 the said Judgment and Decree only when they were served with a copy of the execution proceedings some time on 18th July, 2007. The further case of the applicants is that they are not aware of the niceties of Law and hence could not take steps to file the Appeal. The Civil Application is opposed on behalf of the respondent Nos.1 to 9, who have filed an affidavit-in-reply of one Mr.Sudhakar Gharat i.e. respondent No.3 to the above Civil Application. It is stated in the said affidavit-in-reply that the reasons cited in this Civil Application do not constitute sufficient cause so as to enable this Court to exercise its discretion in filing the application. It is further contended that all along the applicants were aware of the suit proceedings as well as the Judgment and Decree passed in the suit as they were represented by an advocate. Even in the execution proceedings, the applicants were represented by an advocate who had represented them in the Lower Appellate Court. Pursuant to the last order passed by this Court in the above Civil Application, an affidavit has been filed on behalf of the applicants wherein more or less same reasons are cited for getting the delay condoned. 3 2. I have heard the learned counsel for the parties. There is a substance in the contention of the learned counsel for the respondents that the applicants were aware of the Judgment and Decree passed by them and the reasons cited by the applicants in the Civil Application do not constitute sufficient cause. In my view, considering the well settled principles applicable and also considering the view taken by the Apex Court in matters of condonation of delay wherein the Apex Court has held that a highly technical and pedantic approach should not be adopted, while considering an application for condonation of delay, the above Civil Application is required to be allowed. The fact that the respondents have filed an application for execution of the Decree passed in their favour, in my view, would be a relevant consideration for imposing costs on the applicants. In that view of the matter, Civil Application is allowed in terms of prayer clause (a). The applicants to pay costs of Rs.5000/- to the respondents within a period of eight weeks from date. The said costs are condition precedent and in the event, the said costs are not paid 4 within the time stipulated by this order, the benefit of this order will not ennure to the applicants and resultantly, the Civil Application would stand dismissed. The learned counsel for the applicants to file the receipt of the costs having been paid to the respondents in this Court. (R.M.SAVANT, J.)