1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR C. A. O. NO. 314 OF 2009 IN M. C. A. ST. NO. 4984 OF 2009 IN SECOND APPEAL NO. 288 OF 1992 Dattarao Gangaram Bhoyar & Ors. Vs. Subhash Bhimrao Bhoyar & 2 Ors. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's Orders Shri Deshpande Adv for applicant. Shri S. P. Kshirsagar Adv for non applicant/respondent. CORAM: .R. M. SAVANT J. Dated: 14 th FEBRUARY, 2011. By the above civil application applicant prays for condonation of delay of 834 days in filing the application for restoration of the appeal. Reasons why the delay has occasioned are mentioned in paragraph 3 and 4 of the civil application. Sum and substance of the reasons is that applicant was not aware that the Second Appeal was dismissed for non prosecution on 07.11.2006 and became aware only when Bailiff carried out panchanama on 27.02.2009 in execution proceedings No. 87 of 1994 which 2 execution proceedings are commenced on account of the dismissal of the above Second Appeal. On behalf of the contesting respondents Shri Kshirsagar learned counsel questions the reasons cited. In my view considering the fact that the applicant was not aware of the dismissal of the Second Appeal on 07.11.2006, which he attributes to the failure of his counsel, case for condonation of delay is made out. The delay accordingly stands condoned. Civil Application is accordingly allowed. The applicant to pay costs of Rs. 2000/- to the contesting respondents within two weeks from date for the inconvenience that has been caused to them. The said costs are a condition precedent. If such costs are not paid the benefit of this order would not enure to the applicants and the application would resultantly be deemed to be dismissed. Civil Application is accordingly disposed of. M. C. A. No. 4984 of 2009: By the above M. C. A. applicant seeks restoration of the appeal which has been dismissed for non execution on 07.11.2006. By an order passed today delay has already been condoned. Civil Application therefore required to be allowed and is allowed accordingly. Second Appeal be restored to file. List the Second Appeal for final hearing in the week commencing 21.03.2011. JUDGE svk 3 4 5 6