1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 10641 OF 2009 IN SECOND APPEAL NO. 559 OF 1989 Uttamrao S/o Ramrao Agnihotri .. .. Applicant Versus Bhanudas S/o Bajirao Mane .. .. Respondent Shri D. P. Bakshi, Advocate for the Applicant - absent. CORAM : N. D. DESHPANDE, J. DATE : 02ND DECEMBER, 2009. ORAL ORDER : 1. This is an application for condonation of delay of 01 day caused in filing the present application for setting aside the order dated 01.07.2009 dismissing the same for want of prosecution and for restoration of second appeal to its original position prior to the dismissal. The reason given is that, there was marriage in the family of advocate and, therefore, appeal came to be dismissed. Considering the grounds stated in the application, the application is allowed. The delay of 01 day is condoned. The order dated 01.07.2009 is hereby recalled and the appeal is 2 restored to its original position. The civil application is accordingly disposed of. 2. The appeal is already admitted. This is appeal of the year 1989. Fix the appeal for final hearing with a clear notice to the parties that the appeal shall be finally disposed on that day on merits, since it is an old matter of 1989. [ N. D. DESHPANDE, J.] bsb/Dec.09