1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CA NO. 7886 OF 2008 IN SECOND APPEAL ST. NO. 11524 OF 2008 (Ram Bakaram Nahe vs. Shri Ganesh Bakaram Nahe) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. MARCH 05, 2009. Heard. The prayer is to condone delay of one year and 123 days in filing Second Appeal against the judgment and decree dated 23.11.2006 passed by the District Judge – I, Akola, in Regular Civil Appeal No. 269 of 1999. It is stated that the advocate engaged by present applicant did not communicate the decision of appeal and when applicant found that said advocate was not taking interest in his matter, he engaged another advocate and then learnt that the appeal was already decided. The names of earlier advocate and new advocate engaged in prosecution of matter before lower appellate Court are already mentioned on affidavit. Shri Sohoni, learned counsel for the respondent is strongly opposing the prayer for condonation of delay. He relies upon the statement 2 made in reply affidavit and contends that as reasons placed on record are not just and sufficient, the application deserves to be rejected. After hearing parties, I am satisfied that there are no malafides on the part of present applicant and the applicant was prosecuting the appeal in his interest. In the circumstances, delay is condoned. Office to register Appeal. JUDGE *GS.