1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR C.A.S. No.968/2009 in Second Appeal St. No.15246/2009 ( Shrikrishna Bansod ..V/s.. M/s. Uday Land Developers & others ) ---------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. ---------------------------------------------------------------------------------------------------------------------------- Mr. N.S. Bhattad, counsel for the appellant. Mr. S.S. Shingne, counsel for respondent no.1. Coram : F.M.REIS, J. Dated : 22nd February 2010. Heard the learned counsel for the appellant and the learned counsel for the respondent no.1. The remaining respondents though served remained absent. This is an application for condonation of delay of 4 years and 254 days in filing the second appeal. It is the contention of the applicant that he had filed the second appeal No.284/2005 challenging the common judgment passed by the learned District Judge in Regular Civil Appeal No.139/1998 and Regular Civil Appeal No.126/1998. It is further contention of the applicant that by order dated 17th June 2008 the said appeal was admitted and liberty was granted to prefer a separate appeal in respect of the judgment passed in Regular Civil Appeal 2 No.126/1998. Accordingly, the present appeal has been preferred along with the application for condonation of delay. It is further contention of the learned counsel or the applicant that there was further delay as the applicant could not be contacted for taking necessary steps for filing the above appeal. The learned counsel for the respondent no.1 has vehemently opposed the said application and stated that that there was inordinate delay after the order was passed by this Court on 17th July 2008. in the facts and circumstances of the case and as no malafides have been attributed to the applicant, I find that in the interest of justice the delay in filing the second appeal is to be condoned subject to payment of Rs.500/- to the respondent no.1. In view of the above, the application for condonation of delay of 4 years and 254 days in filing the second appeal is condoned subject to applicant's paying costs of Rs.500/- to respondent no.1 within one week from today. Application stands disposed of. Judge. Tambaskar.