FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION No. 9247 OF 2009 IN SECOND APPEAL (ST) NO. 16404 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's Orders Mr. K.J. Surwanshi, Advocate for applicants Mr. S.P. Chate, Advocate for respondent Nos. 3 & 5 Mr.V.I. Thole, Advocate for respondent No. 1,5 & 6 ............................. CORAM : S.V. GANGAPURWALA, J. DATE : 8th October, 2010 PER COURT : 1. This is an application for condonation of delay. The respondents are served. No affidavit is filed on record, disputing the averments made in the application. The age of the applicant is about 71 years. According to them they could not know the Judgment and Decree passed by the lower Appellate Court. It is only when the Officer had been to the suit property, the applicant came to know regarding the fact of dismissal of their appeal. The appeal is concerned with the rights of the applicant in an immovable property. Taking into account the afore stated facts and the defendants have not disputed by filing any affidavit. Therefore, delay is condoned. The Civil Application is accordingly disposed of. [ S.V. GANGAPURWALA ] JUDGE SDM 9247.09 CA