1 24-ca-152-2004.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY srj CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 152 OF 2004 IN SECOND APPEAL (ST) NO.43878 OF 2003 Shri Sahebrao A. Dhane .. Applicant. V/s. Shri Baban A. Dhane & Others .. Respondents. Mr. N. D. Pote i/b. Mr. Uday Warunjikar, for the Applicant. Mr. A. P. Vanarse, for Respondent No.1. CORAM : G.S.GODBOLE, J. DATE : 25th AUGUST, 2011. P.C.: Taken on board. 1 By separate order passed in Civil Application No.968 of 2011, it is held that Respondent Nos.3 to 23B are formal parties. It is, therefore, not necessary to keep this Civil Application pending, for service on them. 2 Notice on the said Respondent is waived. 2 24-ca-152-2004.sxw 3 Considered the averments made in the Civil Application and Affidavit in Reply. The learned Advocate for Respondent strongly opposed the Civil Application and pointed out that there is no merit in the Second Appeal and no explanation for condonation of delay has been given. 4 Question regarding merits will have to considered, if delay is condoned. The reasons given in the paragraphs 4 to 6 of this Civil Application are accepted. Civil Application is allowed in terms of prayer clause (a) only and delay is condoned, subject to payment of costs of Rs.1,000/- to be paid to the Respondent. 6 List the Second Appeal for admission on 12th September, 2011. 7 By way of interim relief, it is directed that partition proceedings should be completed in all respects but possession not be handed over till 19th September, 2011. (G.S.GODBOLE, J.)