(Per : HONOURABLE MR.JUSTICE AKIL KURESHI)
1. Earlier Bench had while condoning the delay in filing First Appeal, directed the applicant to pay cost of Rs.2,500/- to the opponents. Such order was passed in Civil Application No.1038 of 2011 on 21.03.2011. In fact, condonation of delay was conditional on payment of such cost. The applicant moved Civil Application No.6284 of 2011 seeking extension of time for payment of cost. Such extension was also granted by our order dated 08.02.2012. Such amount was to be deposited latest by 15.02.2012. Office points out that till date, such amount is not deposited.
2. As a last chance, time is extended upto 25th May 2012 as prayed by learned AGP Mr.Dave. It is frustrating to pass orders upon orders of extension of depositing cost of Rs.2,500/-.
3. If such, lethargy is shown by the State in future, we may consider increasing cost while considering such request for extension. In the present case, office shall place, Civil Application No.1038 of 2011 on 15th June 2012, if within time permitted by us, cost is not deposited by the applicant.
[ AKIL KURESHI, J. ] [ C. L. SONI, J. ] vijay Top