1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.227 OF 2009 Audumbar Co-operative Housing Society Ltd .. Petitioner Vs Smt.Malati Mahadev Deodhar and ors. .. Respondents Mr. Rajesh S Datar, Advocate for the petitioner. Mr. Prasad S Dani, Advocate for the Respondents. CORAM : D.B.BHOSALE, J. DATE : 24/07/2009 PC: 1. Heard learned counsel for the parties. 2. Rule. Returnable forthwith. Counsel for the respondents waives service. Petition is heard finally with the consent of the parties. 3. By this writ petition, the petitioner has impugned an order dated 4.12.2008 passed by Principal District Judge, Raigad, Alibaug in Civil Misc. Application No.33 of 2008, by which the Civil Misc Application has been rejected. The Civil Misc. Application was filed for condonation of delay caused in making an application for restoration of the application for condonation of delay caused in filing appeal against the judgment and decree T 2 dated 7.2.2007 passed by the Civil Judge, Jr Dn, Pen in Regular Civil Suit No. 4 of 2005. The application for condonation of delay and the application for restoration of the application for condonation of delay were dismissed for default. This Court, while issuing notice on 20.1.2009, had directed the petitioner to deposit costs quantified at Rs.5000/-, to be made over to the respondents, in the event, they enter appearance on receipt of the notice in terms of the order. The petitioner has deposited the amount as per the order dated 20.1.2009. Keeping that in view and considering overall facts and circumstances of the case, in my opinion, no prejudice would be caused to the respondents if this petition is allowed and if the court below is directed to hear the application for restoration of the application for condonation of delay in filing the appeal against the judgment and decree dated 7.2.2007, on merits. Order accordingly. Rule accordingly stands disposed of. It is open to the respondents to withdraw the costs deposited by the petitioner. (D. B. Bhosale, J.) 3