IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 39 OF 2009 IN FIRST APPEAL (st.) NO. 24516 OF 1999 with CIVIL APPLICATION NO. 40 OF 2009 IN FIRST APPEAL (st.) NO. 24520 OF 1999 with CIVIL APPLICATION NO. 41 OF 2009 IN FIRST APPEAL (st.) NO. 24526 OF 1999 with CIVIL APPLICATION NO. 42 OF 2009 IN FIRST APPEAL (st.) NO. 24533 OF 1999 with CIVIL APPLICATION NO. 43 OF 2009 IN FIRST APPEAL (st.) NO. 24536 OF 1999 with CIVIL APPLICATION NO. 44 OF 2009 IN FIRST APPEAL (st.) NO. 24539 OF 1999 The State of Maharashtra ...... ......Applicant. V/s Ramchandra Bahiru Tupe & Ors., Vishnu Rama Tupe & Ors., Suka Gopala Tupe, Balvant Laxman Tupe & Ors., Baburao Deoram Tupe, Bhika Hari Tupe.. . ........ ......Respondents. Mr.A.R.Patil, AGP For the applicant. 1 Mr.R.M.Hardas i/by Mr.P.N.Joshi, Adv. For respondents. CORAM: A.P.DESHPANDE, J. 9th JANUARY, 2009. PC: By the present applications the appellants-State of Maharashtra is seeking condonation of delay in filing the present applications for setting aside the order passed by this Court dated 8.2.08 whereunder the appeals came to be dismissed on account of failure on the part of appellant to deposit amount of Rs.500/- awarded towards costs to the respondent while condoning delay in filing the appeals. It is stated that it took time for the State Government to release the amount of costs hence costs could not be paid in time. It is then stated that undue loss would be caused to the appellants if the impugned order is not set aside and the appeals are not restored to file. It is also fairly stated that if the Court so pleases the restoration of appeals could be subject to imposing of costs. 2. Learned advocate for the respondents opposes the application. Having regard to the averments made in the application, applications deserve to be allowed. In the result, the impugned order dated 8.2.08 passed by this Court dismissing the appeals in default for nonpaymnt of costs is set aside, however subject to payment of further costs of Rs.1000/- in each of the appeal to the respondents within a period of 12 weeks from today. Applications are allowed and stand disposed of. 09.01.2009. 2