1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 3450 OF 2009 IN CIVIL APPLICATION NO. 3455 OF 2009 IN FIRST APPEAL NO. 360 OF 1991 Mandabai w/o Ambadas Dhage & ors. ...Applicants VERSUS Maharashtra State Road Transport Corporation & anr. ...Respondents ..... Smt. S.S.Jadhav , advocate for the applicants Shri Manoj Shinde, advocate holding for Shri M.K.Goyanka, advocate for respondent no.1 ..... CORAM : SHRIHARI P. DAVARE, J. DATED : 21 st January, 2011 PER COURT : 1 Heard learned counsel for the parties. 2 This is an application preferred by the applicants for condonation of delay of 1063 days caused in filing the Civil 2 Application for restoration of First Appeal No. 360 of 1991. 3 After hearing the rival submissions advanced by the learned counsel for the parties, it appears that First Appeal No. 360 of 1991 was admitted and it came to be dismissed for non-supply of decree form i.e. on the technical ground, and hence, present application deserves to be allowed. Moreover, the applicant has explained the delay satisfactory and said delay does not appear to be willful, deliberate and intentional, but respondent no.1 is required to be compensated suitably in the interest of justice. 4 In the result, present application is allowed in terms of prayer clause ‘B’ thereof and delay of 1063 days caused in filing Civil Application for restoration of First Appeal No. 360 of 1991 stands condoned, subject to payment of costs of Rs.500/- by the applicants to respondent no.1 and present Civil Application stands disposed of accordingly. (SHRIHARI P. DAVARE, J.) dbm/ca3450.09