FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders CIVIL APPLICATION NO.2316/2011 IN SECOND APPEAL NO.648/2005 Mr.R.R.Shaikh advocate for the applicant. Mr. L.V.Sangit advocate for respondents. CORAM : SHRIHARI P. DAVARE, J. DATE : 3 rd MAY, 2011. 1. Heard learned counsel for the parties. 2. This is an application preferred by the applicants (original plaintiff/appellants) for condonation of delay of 23 days caused in filing civil application and also to restore second appeal No. 648/2005 against respondent Nos. 3(i), 3(ii), 3(v) and 3(vi) by recalling the order dated 16.12.2010 passed by this Court. Learned counsel for the respondents opposed the application vehemently and submitted that it bears no substance, same is devoid of any merits and therefore same be rejected. 3. Considering the contentions in the application and also considering the averments it appears that applicants have explained the reasons for the delay satisfactorily and said delay also doesnot appear to be wilful, deliberate and intentional as well as applicants have also stated the reasons / sufficient ground for restoration of Second Appeal No. FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders 648/2005 against the respondent Nos.3(i), 3(ii), 3(v) and 3(vi) to recall the order dated 16.12.2010. Hence, present application deserves to be allowed in the interest of justice. 4. Present application is allowed in terms of prayer clause [B] and [C] thereof and stands disposed of accordingly. 5. Mr. Sangit learned counsel for the respondents waives service of notice for the respondents in Second Appeal No.648/2005 for the aforesaid respondents. [ SHRIHARI P. DAVARE, J. ] --- Dt: 03.05.2011 aaa/2316.11