1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 7048 OF 2005 Bhaguram Bapurao Kshirsagar & others ....Applicants. Versus Digambar Bapurao Kshirsagar & others ....Respondents. Shri. Anil Gavane h/f. Shri. A.P. Chaware, Advocate for applicants. Shri. J.R. Patil, Advocate for respondent Nos. 3,4, 7 and 8. CORAM : P.R. BORKAR, J. DATE : 23rd JUNE, 2009 PER COURT : 1. Heard Shri. Anil Gavane h/f. Shri. A.P. Chaware, Advocate for applicants and Shri. J.R. Patil, Advocate for respondent Nos. 3, 4, 7 and 8. 2. This is an application for condonation of day of 39 days in filing the second appeal. It is stated in para No. 5 of the application that after the decision of first appeal, the advocate communicated the decision to the applicant and asked him to collect the same and thereafter, applicant approached to his advocate and asked him to sent papers at 2 Aurangabad. In that process, some time was lost. Thereafter, the advocate at Aurangabad received the papers. There was initial delay of 20 days. It can be said that the delay is not intentional. Considering the reasons given, it appears that the delay was mainly on the part of the advocates concerned. Considering the facts and circumstances of the case, application can be allowed on certain conditions. 3. Application is allowed on condition that applicant shall pay costs of Rs.750/- (Rs. seven hundred fifty) to the respondent Nos. 3,4,7 and 8within a period of 4 weeks from today. In case, such amount is not paid, the application shall stand dismissed without back reference to the Court. [ P.R. BORKAR ] Judge ssc/ca7048.05