: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FARAD CONTINUATION SHEET CIVIL APPLICATION NO.247 OF 2009 IN FAMILY COURT APPEAL (ST.) NO.22027 OF 2009 ----------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s Orders. of Coram, appearance, Court’s orders or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------- Smt. V. Nirmala Gopal for applicant Mr. V.K. Nair for respondent CORAM : D. B. BHOSALE & R.Y.GANOO, JJ. FEBRUARY, 3rd 2010. P.C. : 1. Heard learned Counsel for the parties. By this Civil Application, the applicant- husband has prayed for condoning the delay of 96 days in filing the appeal. Learned Counsel for the respondent placed on record reply affidavit of the respondent-wife opposing the prayers in the application. We have perused the application and the affidavit. In our opinion, the cause shown for condoning the delay of 96 days is sufficient. Hence, we pass following order. : 2 : 2. The application is made absolute in terms of prayer clause (a) subject to payment of costs of Rs.5,000/- to the respondent-wife within a period of 4 weeks from today. It is made clear that unless the cost is paid and proof of payment is submitted, the appeal shall not be heard for admission. The appellant to submit proof of payment in the office. [R.Y.GANOO, J.] [D.B. BHOSALE, J.]