1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.3525 OF 2010 IN CIVIL APPLICATION NO.12759 OF 2008 IN SECOND APPEAL ST. NO.19202 OF 2008 Amirbi Rahuf Deshmukh Applicant Versus Digambar Tukaram Patil & others Respondents Mr.P.P.Dhorde, advocate for the applicant. Mr.Girish Rane, advocate for Respondent No.1. CORAM: R.M.BORDE, J. DATE : 12th March, 2010. P.C.: 1 This is an application for restoration of Civil Application No.12759 of 2008 presented by applicant, which came to be dismissed for want of prosecution on 18.09.2009. Applicant also prays for condonation of delay of 133 days occurred in presenting application. 2 Heard learned Counsel for respective parties. For the reasons stated in the application, application deserves to be allowed and same is accordingly allowed. Order passed by this Court on 18.09.2009 dismissing Civil Application No.12759 of 2008 stands recalled and said Civil Application is restored to its original number. Delay occurred in presenting application stands condoned. (R.M.BORDE) JUDGE ******* adb/ca352510 2 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.12759 OF 2008 IN SECOND APPEAL ST. NO.19202 OF 2008 Amirbi Rahuf Deshmukh Applicant Versus Digambar Tukaram Patil & others Respondents Mr.P.P.Dhorde, advocate for the applicant. Mr.Girish Rane, advocate for Respondent No.1. CORAM: R.M.BORDE, J. DATE : 12th March, 2010. P.C.: 1 This application is presented seeking condonation of delay of 238 days occurred in presenting appeal. 2 Heard learned Counsel for respective parties. It is stated that appeals raising challenge to the impugned order, presented by other parties, are admitted by this Court. Considering this aspect as well as considering contentions raised in the application, application is allowed. Delay of 238 days occurred in presenting appeal stands condoned. 3 Place the appeal for admission on 26.03.2010. (R.M.BORDE) JUDGE ******* adb/ca352510