IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1757 of 2007. CIVIL APPLICATION NO.1757 of 2007. CIVIL APPLICATION NO.1757 of 2007. IN IN IN SECOND APPEAL NO.184 of 1993. SECOND APPEAL NO.184 of 1993. SECOND APPEAL NO.184 of 1993. Bhimrao T. Dhanawade & Another ..Applicants/ Appellants versus Sahebrao Shamrao Nikam & Others ..Respondents Mr.Prashant Jadhav i/b. Mr.S.D.Patil for the applicant/appellant Mr.R.S.Kate for all the respondents CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 27th April, 2009. DATED : 27th April, 2009. DATED : 27th April, 2009. P.C. 1. The present Second Appeal No.184 of 1993 came to be dismissed on account of the conditional Order passed on 7.2.1997, as certain office objections were not removed. 2. According to the applicant/appellants they received intimation on 17.8.2007 about the Darkhast No.36 of 1992 lodged concerning the present proceeding. The applicants came to Bombay and tried to contact thier advocate and according to them, after contacting their lawyer they came to -2- know that the second appeal has been dismissed. Thereafter they claim to have taken steps to file the present civil application. 3. The averment as to what happened after notice of execution was received are stated in paragraph 9. Those averments, in my view, are incomplete, in as much as the applicants have not stated as to when they came to know about the dismissal of this second appeal. In view of this that date is of vital importance because the question of conduct of the appellants could have been considered with reference to that date. The averments in paragraph 9 are absolutely vague. In such an event, I am not inclined to exercise the discretion in favour of the applicants so as to restore the second appeal when there has been delay of 3952 days. In my view, the delay is not properly explained and hence the Civil Application cannot be granted. Hence the Order. ORDER Civil application is dismissed with no order as to costs. -3- (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)