The imposition of costs as a condition for condonation of delay in filing an appeal is impugned. About Rs. 4,32,030/- was due to the first respondent bank on the date of execution sale as revealed from the proceedings. The property has also been purchased in auction by the second respondent concededly.
2. The Court below has noticed that the decree was passed as early as on 12.11.1996 and that the execution petition has been pending for about 14 years. The Court below has therefore imposed a costs of Rs. 24,800/- ( Rs. 12,400/- + 12,400/-) for the condonation of the delay of 124 days in filing the appeal.
3. The costs has been directed to be paid to respondents 1 and 2 in order to enable the appeal to be heard on merits. The Court below has exercised its discretion in fixing the costs as above which does not warrant any interference in this supervisory jurisdiction.
O.P.(C) No. 1150 of 2014 2
4. I however extend the time for payment of costs till 15.06.2014 in the circumstances. The delay would stand condoned in the event of the petitioner paying the amount within the extended time. Otherwise the impugned order would work itself out and the appeal would stand dismissed as belated.
The Original Petition is disposed of.
V.CHITAMBARESH JUDGE DCS