1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR C.A.S. No.970/2009 in Second Appeal St. No.18480/2009 ( Smt. Sheela Sheware ..V/s.. Smt. Kiran Shewere ) ---------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. ---------------------------------------------------------------------------------------------------------------------------- Mr. A.P. Lakhanikar, counsel for the applicant. Mr. R.S. Thakre, counsel for the respondent. Coram : F.M.REIS, J. Dated : 2nd February 2010. Heard the learned counsel for the applicant and the learned counsel for the respondent. This is an application for condonation of delay of 306 days in filing the second appeal challenging the judgment and decree passed by the learned District Judge dated 30/9/2008. The main ground for delay is that the earlier Advocate had informed the applicant that he would take the necessary steps for the purpose of filing the appeal. Unfortunately, thereafter, said Advocate Shri Suresh Ambolikar shifted to Pune from Nagpur. As such the applicant was not in contact with the said 2 advocate. It is further submitted that only recently the said advocate returned the papers to the applicant and called upon her to engage some other counsel for the purpose of preferring an appeal. Immediately thereafter the applicant contacted the new counsel and filed the appeal along with application for condonation of delay. The above facts have been supported by an affidavit and no reply to the said application has been filed by the respondent. The learned counsel for the respondent strongly opposes the above application. It appears that there was some inaction on the part of the previous counsel for the applicants nevertheless no malafides can be attributed to the applicants to file the appeal belatedly. As such the delay of 306 days in filing the second appeal is condoned subject to costs of Rs.1500/- to the respondent. Application stands disposed of accordingly. Judge. Tambaskar.