1 FARAD CONTINUATION SHEET NO.__________ IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGBAD. CIVIL APPLICATION NO. 367 OF 2009 IN SECOND APPEAL ST. NO. 20958 OF 2008 Office Notes, Office Memoranda of | Coram, appearances, Court’s orders | Court’s or Judge’s orders or directions and Registrar/s orders | and Registrar’s orders | CORAM : R. M. BORDE, J. DATE : 8 th January, 2010. 1 Heard. 2 This is an application seeking condonation of delay of 860 days occurred in presenting the appeal. Respondents presented suit claiming partition and separate possession of the property. Suit was decreed on 19-1-2002. Applicants herein preferred appeal to the first appellate court being Regular Civil Appeal no. 25/2002 which also came to be turned down by the first appellate court on 10-3-2006. However, the appellants have approached this court after more than two years. It is contended that that applicant no. 1 who was looking after the litigation 2 was suffering from some neurological problem and a such was required to take medical treatment. Considering the dispute which relates to entitlement to immovable property, I am of the opinion that the applicants herein need to be granted one more opportunity to place their contentions before this court. However, it cannot be overlooked that the respondents / original plaintiffs who have secured decree in 2002 are kept away from receiving the fruits of the decree. Considering the delay that has occurred in presenting the appeal, I am of the opinion that the case of the applicants can be considered, however, subject to payment of cost. Respondents who are deprived of the benefits of the decree are entitled for compensation. In this view of the matter, application is allowed subject to payment of cost of Rs.10,000/- to the respondents / original plaintiffs within a period of six weeks from today. ( R. M. BORDE, J.) dyb / office /ca367.09.odt 3