1 29 caf.300.10 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 300 OF 2010 IN FIRST APPEAL NO. 46 OF 1990 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. C.K.Tripath for the Applicant. Mr. A.R.Patil, AGP for the State. CORAM : A.S.OKA, J. DATE : 11 th February, 2011. P.C. 1 Heard the learned counsel appearing for the Applicant and the learned AGP appearing for the State. 2 In view of the averments made in the application, though a case for restoration is made out, there is a gross delay in filing this application. Looking to the nature of the impugned decree, the Respondents will have to be compensated by payment of costs. Accordingly, application is allowed in terms of prayer clauses (a) and (b) subject to condition of the Applicant paying a sum of Rs. 5,000/- to the 3 rd respondent by way of costs within a period of three weeks from today. Payment or deposit of 2 29 caf.300.10 costs within stipulated time will be condition precedent. Appeal shall be added to the appropriate final hearing board of March, 2011. [ A.S.OKA, J ]