1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CIVIL APPLICATION [S] NO. 318 OF 2006 IN SECOND APPEAL ST. No. 18462/2005. Shri Rameshwar Maniram Madavi .Versus Smt. Vimladevi Ranjit Pal. ________________________________________________________________________________ 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 : 14.01.2011. Heard Shri A.R. Prasad, the learned Counsel for the applicant/appellant and Shri N. Lalwani, the learned Counsel for the respondent. By the above Civil Application the applicant/appellant seeks condonation of delay of 699 days in filing the Second Appeal. The reasons why the delay has occasioned are mentioned in the Civil Application. The sum and substance of the said reasons is that the applicant was not informed about developments in the proceedings by his earlier Advocate; that the fact that the applicant on account of his occupation with 2 farming activities has to go to Chindwara District (M.P.); as also on account of his ailments which have been mentioned in paragraph no.3 for which he is under treatment of one Dr. Munawar Yusuf, the delay has occasioned. The contesting respondent has filed her affidavit in reply and has questioned the reasons mentioned by the applicant and has contended that no sufficient case has been made out by the applicant for condonation of delay. The decree in question is of specific performance of an agreement, the subject matter of which is the property in which the applicant is presently residing. Though the reasons mentioned by the applicant prima facie are not convincing, however, following the well settled dictum that a party should not be thrown out on technicalities, but should be allowed to prosecute its remedy on merits, the above application is required to be allowed, so as to afford one last opportunity to the applicant to prosecute the remedy as and by way of the above Second Appeal on merits. However, interest of justice would require that the respondent is adequately compensated for the inconvenience that has caused on account of the said delay. Civil Application is, therefore, allowed. 3 Resultantly, the delay of 699 days in filing the Second Appeal is condoned, subject to the applicant paying costs of Rs.5000/- to the respondent as a condition precedent by 05.02.2011 and obtains a receipt of the same from the respondent through his learned Counsel. Only on the applicant producing the evidence of having paid the said costs to the respondent within the time stipulated as above, the benefit of this order would enure to the applicant. In the event such costs are not paid within the above stipulated time, the above application would be deemed to have been dismissed. Civil Application is disposed of accordingly. JUDGE Rgd