1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, NAGPUR BENCH, NAGPUR CIVIL APPLICATION O. NO.97/2009 IN CIVIL APPLICATION NO.260/2007 IN FIRST APPEAL ST. NO.17966/2006 Kamlabai wd/o Madhukar Dhabhalkar and others ...Versus... Rahimunissa Abdul Sama and another ---------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. ---------------------------------------------------------------------------------------------------------------------------- [Shri K.S. Narwade, Adv. for applicants] [Shri Kukdey, Adv. for respdt. No.2] CORAM:- A.B. CHAUDHARI, J. DATED :- 24.04.2009 Though served respondent No.1 is absent. Learned Counsel for respondent No.2 opposes the application for condonation of delay of 20 days in filing application for restoration. For the reasons stated in the application delay of 20 days in filing application for restoration is condoned. Civil Application is allowed. CIVIL APPLICATION O. NO.96/2009 Heard learned Counsel for applicants and learned Counsel for respondent No.2. None for respondent No.1 though served. For the reasons stated in the application, the same is allowed in terms of its prayer clause. 2 CIVIL APPLICATION NO.260/2007 This application has been served on respondent No.1 by substituted service. There is delay of 97 days in filing first appeal. Learned Counsel for respondent No.2 opposes this application. Having heard learned Counsel for the rival parties present before me, I find that there are good and sufficient reasons for condoning the delay. Hence, delay is condoned. Civil Application is allowed. First Appeal be registered. JUDGE ssw