1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 3700 OF 2009 IN APPEAL FROM ORDER ST. NO. 4862 OF 2009 Suresh s/o Bhaskarsa Bande & ors. ...Applicants Original plaintiffs VERSUS Girdharilal s/o Ramnarayan Toshniwal and others ...Respondents Original defendants ..... Shri J.M.Murkute, advocate for the applicants Miss V.B.Deshmukh, advocate holding for Shri V.D.Salunke, advocate for respondent no.6 ..... CORAM : SHRIHARI P. DAVARE, J. DATED : 6 th July, 2009. ORAL ORDER : 1. Perused. 2. The applicants/appellants have preferred present 2 application for condonation of delay of 5 days in filing the accompanying Appeal from Order under Stamp No. 4862 of 2009. 3. The applicants submit that the learned lower court passed an order on 26.11.2008 and thereby rejected the application for temporary injunction. Being aggrieved by the said order, the applicants/appellants have preferred the accompanying Appeal from Order. However, the learned counsel for the applicants submits that the applicants/appellants approached to him with insufficient documents, which ultimately made delay of about 5 days in filing the accompanying Appeal from Order. 4. The applicants submit that they are hopeful in succeeding the accompanying Appeal from Order and, therefore, prayed that the delay of 5 days caused in filing the accompanying Appeal from Order be condoned. 5. Learned counsel for the respondents has vehemently opposed the present application and submitted that the present Civil Application bears no substance and same is devoid of any merits and same be rejected. 6. Considering the rival submissions, the cause for the 3 delay of 5 days in filing accompanying Appeal from Order has been explained by the applicants/appellants in para no.3 of the present application. Considering the contents of the present application, more particularly para 3 of the application, it is apparent that the delay occurred in filing the accompanying Appeal from Order is not intentional and deliberate and it occurred due to bona fide reasons. The appellants are sanguine of success in the appeal, hence, opportunity is required to be given to the applicants/appellants to prosecute the accompanying Appeal from Order on merits by allowing the present application. 7. In the result, present Civil Application succeeds and same is allowed in terms of prayer clause ‘B’ thereof and 5 days delay caused in filing the accompanying Appeal from Order under Stamp No. 4862 of 2009 stands condoned. The Appeal from Order be registered, numbered and placed before the court for admission on 20.7.2009. Shri Vibhute, advocate holding for Shri V.D.Salunke, learned counsel waives service of notice for respondent no.6, but learned counsel for the applicants/appellants to supply the copies of proceedings to the advocate appearing on behalf of respondent no.6 in due course. (SHRIHARI P. DAVARE, J.) dbm/ca3700.09