1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 469 OF 2009 IN SECOND APPEAL st.NO. 26115 OF 2007 Bhanudas Yashwant Pawar ........Applicant versus Nivrutti Eknath Pawar ........ Respondent. Mr. A.B.Vagyani adv. for the Applicant Mr. Sandeep Koregane i/b Umesh Mankapure adv. for the respondent CORAM: A. P. DESHPANDE, J. DATED : 26th MARCH, 2009. P.C.: 1. By the present application two fold prayers are made, one for condonation of delay in filing of the present application and (2), for setting aside of the order dismissing the appeal in default. The learned counsel for the respondent has no objection for allowing the present application. In the result, application is allowed. Order dismissing the appeal in default is set aside. The appeal stands restored to file. 2. The learned counsel for the applicant does not press prayer clause B(1) as separate application is already filed for codonation of delay in fling the appeal. Hence prayer clause B(1) is rejected as not pressed. (A. P. DESHPANDE, J.)