1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. C.A.O. NO. 745/2010 IN M.C.A.ST.NO. 10285/2010 IN S.A.NO. 346/203. Smt. Kamlabai Pundlik Dawale and another .Versus Pundlik Changdeo Dawale and others. ________________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. _______________________________________________________________________________________ CORAM : R.M.SAVANT, J. DATED : 17.01.2011. Heard Shri V.A. Kothale, the learned Counsel for the applicants and Shri V.M. Deshpande, the learned Counsel for respondent nos. 3 to 6. By the above application, the applicants/appellants seek condonation of delay of 1 year and 52 days in filing the application for restoration being M.C.A. St. No.10285/2010. The reasons for delay have been mentioned in the Civil Application. The learned Counsel appearing for respondents submits to the order of the Court. In my view considering the reasons mentioned, they commons acceptance. For the said reasons, the Civil Application is allowed. Resultantly, the delay of 1 year and 52 days in filing the application for restoration stands 2 condoned. However, interest of justice requires that the applicants pay costs of Rs. 500/- to the respondents within a period of two weeks from today. Civil Application is accordingly disposed of. M.C.A.St.No. 10285/2010. By consent of the learned Counsel appearing for the respective parties, the M.C.A. is taken up for hearing. By the said application, the applicants seeks restoration of the appeal which has been dismissed on account of the self operative order dated 17.01.2009 on account of which the appeal came to be dismissed for non removal of office objections. The learned Counsel for the respondents submits to the orders of the Court. Misc. Civil Application is accordingly allowed. Resultantly, Second Appeal No.346/2003 is restored to file, since the learned Counsel for the applicants/appellants has already filed private paper book in compliance with the earlier order passed in the above Second Appeal. List the Second Appeal for final hearing as per its turn. JUDGE Rgd