:1: :1: :1: 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 WRIT PETITION NO.8370 OF 2007 Seth Keshavji Jadavji Trust & Ors. .. Petitioners. Vs. BMC and Anr. .. Respondents. Mr.Khan Javed Akhtar for the petitioners. Mr.H.A.Bhor for the respondent-corporation. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 5TH MARCH, 2008. DATED : 5TH MARCH, 2008. DATED : 5TH MARCH, 2008. P.C.: P.C.: P.C.: . Heard learned counsel for the parties. 2. Rule, returnable forthwith. By consent of learned counsel for the parties taken up for final hearing. Mr.Bhor, learned counsel waives service for the respondent-corporation. 3. This petition is directed against an order dated 29th June, 2006 by which the Small Causes Court rejected Misc. Notice No.11 of 2006 in Municipal Appeal St. No.2305 of 2000 taken out by the petitioners seeking condonation of delay in depositing the property taxes as per the directions of the Court dated 8.10.2004. There is a delay of about 400 days in filing the application. I perused the application so also the impugned order. Though, :2: :2: :2: in my opinion, no fault can be found with the order of the court which is impugned in the petition, considering that the petitioners have deposited the amount as per directions of the court after dismissal of the appeal I am inclined to allow this writ petition in view of the fact that the appeal filed by the petitioners involves substantial proprietary rights of the petitioners and that the petitioners are willing to pay substantial costs to the corporation. Hence the following order: . The writ petition is made absolute in terms of prayer clause (a) subject to condition that within a period of two weeks from today the petitioners shall pay an amount of Rs.15,000/- as and by way of costs to the corporation. On such deposit being made by the petitioners the appeal court shall proceed to decide the appeal on merits in accordance with law. The writ petition is disposed of. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)