1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION F. NO.825/2010 IN FIRST APPEAL ST. NO.266/2010 (Shri Kashinath @ Kashiram s/o Upasrao Mendhule vs. Smt. Chandrika w/o Kishorsing Bais) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri P.N. Deopujari, Advocate for applicant. Shri B.C. Pal, Advocate for respondent. -------- CORAM : D.B. BHOSALE AND P.B.VARALE, JJ. DATED : AUGUST 11, 2010 Heard learned Counsel for the parties. By this civil application, the applicant has prayed for condonation of 273 days' delay in filing the first appeal. The first appeal is directed against the judgment and decree of specific performance of contract in the suit filed by the respondent. The respondent, by way of earnest money, had paid Rs.5,21,000/- to the applicant. Keeping this in view, 2 we have perused the civil application. Though we are not fully satisfied with the explanation given by the applicant for condonation of delay, in the interest of justice, we allow the civil application subject to payment of costs of rupees five thousand to the respondent within a period of two weeks from today, failing which the first appeal shall stand dismissed for non-prosecution without reference to the Court. The civil application is disposed of. JUDGE JUDGE khj