1 FARAD CONTINUATION SHEET NO.__________ IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGBAD. CIVIL APPLICATION NO. 3198 OF 2010 IN SECOND APPEAL ST. NO. 5520 OF 2010 Office Notes, Office Memoranda of | Coram, appearances, Court’s orders | Court’s or Judge’s orders or directions and Registrar/s orders | and Registrar’s orders | CORAM : P. R. BORKAR, J. DATE : 23 rd JULY, 2010. 1 Heard Shri S.B. Ghute, Advocate for the applicants and Shri S.P. Urgunde, Advocate for respondent nos. 2 to 4. 2 This is an application for condonation of delay of 515 days in filing second appeal. Present appellants are original plaintiffs. They have filed suit under section 143 of the Maharashtra Land Revenue Code challenging the order thereby giving right of way to the respondents through the property of the appellants. Trial court so also the first appellate court have concurrently held that respondents have right of way and there is nothing to interfere 2 with the order passed under the provisions of Land Revenue Code. In paragraph no.3 of the application it is stated that after decision in the District Court, the parties were making attempts for settling the matter out side the court and there were about 7 to 8 meetings. Ultimately, it was realised by the applicants that there is no point in settlement. This reason is not sufficient. Moreover, this application is already dismissed so far as respondent nos. 5/1 and 6 are concerned. So it cannot be said that the right of way will be there for respondent nos. 5/1 and 6, but Same should not be there for respondent n os. 2 to 5. In the facts and circumstances, application is dismissed. ( P. R. BORKAR, J.) dyb / office/ca3198.10.odt 3 FARAD CONTINUATION SHEET NO.__________ IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGBAD. CIVIL APPLICATION NO. 3199 OF 2010 IN SECOND APPEAL ST. NO. 5920 OF 2010 Office Notes, Office Memoranda of | Coram, appearances, Court’s orders | Court’s or Judge’s orders or directions and Registrar/s orders | and Registrar’s orders | CORAM : P. R. BORKAR, J. DATE : 23 rd JULY, 2010. . In view of dismissal of Civil Application no. 3198/2010, this application does not survive and stands disposed of. ( P. R. BORKAR, J.) dyb / office/ca3198.10.odt