IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CIVIL APPLICATION NO. 5777/2007 (Rajendra Kumar Tarachand Juain vs. Vasant Vithobaji Kharwade and 4 others) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. CORAM : S.R.DONGAONKAR, J DATED : 11 th JULY, 2008. Heard Shri Nitin Vyawahare, Advocate, for the applicant (original defendant No.5) and appellant who seeks to file appeal. None present for respondent no.1 (main contesting respondent) though served. Ms. Nagmote, Advocate, appears for respondent No.2 and Shri T.R.Kankale, AGP, for respondent nos. 3 & 4. The application is dismissed as against respondent no.5. (He is told to be a formal party). This is an application under Section 5 of the Limitation Act for condonation of delay in preferring second appeal against the impugned judgment dated 23.10.1996. The delay is stated to be of about 10 years, 6 months and 10 days. As pointed out above, the main contesting Respondent no.1 has not filed any reply, nor he has contested even orally opposed the application. It is stated that respondent no.2 has filed appeal to challenge the impugned judgment, which is still pending. It is apprehended by the applicant that respondent no. 2 may not be diligent in contesting the appeal. Therefore, in order to safe guard his own interest, the applicant has now chosen to file the appeal, which is delayed as stated above. In the circumstances of the case, and more so because other appeal to challenge the impugned judgment is still pending (at the instance of respondent no.2), this application is allowed. Application stands disposed of. List the second appeal filed by the applicant for admission. JUDGE Rvjalit