1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 2897 OF 2005 Rajnikant Sham Lokhande ....Applicant. Versus Babubai Anandram Lokhande & others ....Respondents. Shri. N.B. Narawade h/f. Shri. A.N. Kakade, Advocate for applicant. Shri. S.L. Kulkarni, Advocate for respondent Nos. 5 and 6. CORAM : P.R. BORKAR, J. DATE : 22nd JUNE, 2009 PER COURT : 1. Heard Shri. N.B. Narawade h/f. Shri. A.N. Kakade, Advocate for applicant and Shri. S.L. Kulkarni, Advocate for respondent Nos. 5 and 6. 2. This is an application for condonation of day of 148 days in filing the second appeal. It is stated in para 4 and 5 of the application that the first appeal was decided on 12.6.2002 and thereafter, he was suffering from jaundice and was admitted in private hospital at Jalana and therefore, he could not take steps to file the appeal. Considering the facts 2 and circumstances of the case, in my opinion, on some costs the application can be allowed. 3. Application is allowed in terms of prayer clause (B) on condition that applicant shall pay costs of Rs.750/- (Rs. seven hundred fifty) to the respondents within 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/ca2897.05