81ca7678.08.odt 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Civil Application No.7678 of 2008 in S. A. St. No.14734 of 2008 (Raghunath Vithoba Bande .vs. Mahadeo s/o. Jago Gothe and Ors.) fice Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: R. K. Deshpande, J. Date : January 8, 2010 Heard Mr. A. Z. Jibhkate, Adv. for applicant and Mr.R.D.Murkute, Adv. for respondent no.1. Civil Application No. 7678 of 2008 is for condonation of delay of 249 days caused in filing the appeal. The reason given in the application is that the applicant was trying to settle the matter; as the dispute pertains to a small lane and when it is found that the matter could not be settled, he preferred present appeal. But, in this process, the delay of 249 days got caused and therefore, it is sought to be condoned. Notice on this Civil Application was issued on 16.10.2008. The parties are served. Mr.R.D.Murkute, Adv. appears for respondent no.1. None appears for other respondents. Respondent no.1 strongly opposes the application for condonation of delay on the ground that no details are given as to when steps were taken to settle the matter and according to the learned Counsel, no such steps were taken and it is a false 81ca7678.08.odt 2 . reason which is stated in the application. Taking in view the controversy involved in the matter and the number of days of the delay caused, I am of the view that the interest of justice would be met if the application for condonation of delay is allowed on payment of costs of Rs.1,000/- by the applicant to respondent no.1. Hence, the Civil Application is allowed. The delay caused is condoned subject to the appellant/applicant paying costs of Rs.1,000/- to respondent no.1 within a period of two weeks from today. If the costs is not paid, the application shall stand dismissed without further reference to the Court. JUDGE jais