1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR. CIVIL APPLICATION NO.7348 OF 2008. Kewal Tulshiram Gajbhiye and others. ..vs.. Sau.Ratnamala Manoj Ganvir and ors. -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. Coram: C.L.PANGARKAR,J. Dated : 8th December, 2008. Heard Shri R.D.Najbile, Advocate for the appellant. None appears for the respondents. Though duly served, no reply to the application for condonation of delay has been filed by the respondents. This second appeal is preferred by original defendant no.1 against the judgment and decree passed by the Ad hoc Additional District Judge No.4, Nagpur. The appellants want to challenge the order of the first appellate court granting partition in respect of survey No.30/1. It is contended that the appellate court had excluded 2 from the partition Survey No. 85/1 and other fields and appellant was under bonafide belief that even survey No.30/1 has also been excluded and no partition in respect thereof has been granted. However, when the parties contacted the counsel, it was found that the partition in respect of survey No.30/1 has also been granted and appellants feel aggrieved by the same. Considering this submission, it appears that for the bonafide reasons the appeal was not preferred within limitation. The delay, therefore, stands condoned. Interim stay to continue. JUDGE. chute