1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.191/2010 in SA No.45/1995 (Saraswati w/o Keshav Mandve and others vs. Chandrabhan s/o Baliram Kale and another) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mrs.C.S.Deshmukh, Adv., for the applicant. Mr.B.S.Shinde and Mr.S.J.Nandode, Adv., for respondent. ... CORAM: K.U.CHANDIWAL, J. DATE:16-4-2010 P.C.:- 1. Heard Counsel for the appellant. 2. The decree of possession in favour of Chandrabhan and others is subject matter of debate in Second Appeal No.45/1995 which was dismissed on 4.12.2009, for non prosecution. 3. The laxity on the part of the appellant in attending the Second Appeal is demonstrated in the proceedings. The decree for possession has remained only on 2 paper since last 20 years. However, inspite of these odds, the matter needs to be adjudicated on merits, instead of dismissing it on technical grounds. Consequently, Civil Application is allowed, Second Appeal is restored to original position on the appellant depositing/paying costs of Rs.2,000/- to the respondent/Counsel. The appeal to be finally heard on 10th June, 2010, without any demur. (K.U.CHANDIWAL) JUDGE ... agp/191-10ca