: 1 : SD IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.479 OF 2008 CIVIL APPLICATION NO.479 OF 2008 CIVIL APPLICATION NO.479 OF 2008 IN IN IN WRIT PETITION NO.3607 OF 2007 WRIT PETITION NO.3607 OF 2007 WRIT PETITION NO.3607 OF 2007 Pankunwar Nemichand Parmar, Deceased, . Thru’ Kalawati A. Parmar & Ors. ...Applicants V/s. Sharad Dattatraya Tapray & Ors. ...Respondents Mr.Parag Shelke, Advocate, i/b. T.D. Deshmukh, for the Applicants. Mr.R.M. Pethe, Advocate, for Respondent No.1. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 10TH APRIL, 2008. DATE : 10TH APRIL, 2008. DATE : 10TH APRIL, 2008. P.C.: P.C.: P.C.: 1. Heard learned Advocate appearing for the applicants. The prayer in this application is for grant of extension of time to deposit costs in terms of clause (iv) of the order dated 23rd August, 2007 passed by this Court in the Writ Petition. 2. The prayer for extension of time is strongly opposed by the Advocate for the respondent No.1 by pointing out that the order dated 23rd August, 2007 is a self-operative order and as the said order has become operative, a right is created in favour of the said respondent which cannot be defeated by granting : 2 : extension of time. He pointed out that the present application has been made nearly seven weeks after the time for payment of costs has expired and there is no explanation for the delay. 3. It is true that the order dated 23rd August, 2007 is a self operative order which provides for the consequence of dismissal of the application at Exhibit-82 in the event payment of costs is not made. However, this Court is not powerless to set aside or recall such conditional order and grant extension of time, provided a case is made out for passing such an order. 4. In view of averments made in paragraph Nos.4 and 5 of the application, a case is made out for grant of extension of time. However, considering the conduct of the applicants and the delay involved, the applicants will have to pay a sum of Rs.5,000/- by way of costs of this Civil Application to the respondents. 5. Hence, Civil Application is disposed of by passing the following order :- "O R D E R" "O R D E R" "O R D E R" : 3 : (a). Time to pay costs in terms of clause (iv) of the operative part of the order dated 23rd August, 2007 is extended till 2nd May, 2008 subject to condition that the applicants will pay further amount of Rs.5,000/- by way of costs of this application to the respondents on or before 2nd May, 2008. Deposit of the amount of costs with the Trial Court will be treated as sufficient compliance with this order. (b). It is made clear that if amounts as aforesaid are not deposited or paid as directed above, the consequence provided in clause (iv) of operative part of the order dated 23rd August, 2007 will automatically follow. (c). It is made clear that no further extension of time will be granted. (d). Parties to act upon an authenticated copy of this order. [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]