1 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APELLATE JURISDICTION CIVIL APPLICATION NO.837 OF 2009 IN SECOND APPEAL (ST.)NO.12288 OF 2009 Gautam Nivrutti Kharate .. Applicant V/s. Vatsala Vasant Kharade & Ors. .. Respondents Mr.P.B.Shah for the Applicant. Mr.Yogesh Jadhav i/b.Mr.V.S.Talkute for Respondent No.1. CORAM: S.J.KATHAWALLA J. DATE : 5 th NOVEMBER, 2009. P.C. By this Civil Application the Applicant/Appellant seeks condonation of delay of 399 days in filing the Second Appeal. The reasons for the said delay are set out in paragraphs 2 and 3 of the Civil Application. The Civil Application is allowed in terms of prayer clause (a). However, the Applicant/Appellant shall pay costs of Rs. 2 5000/­ to the Respondents on or before 9th November, 2009. 2. Place the Second Appeal for admission on 10th November, 2009. 3. The Civil Application stands disposed of. (S.J.KATHAWALLA J.)