{1} FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.10878 OF 2008 IN FAST NO.19528/08 Office notes, office memorandum of coram, appearances, court’s order or directions and Registrar’s order. Court’s or Judge’s orders Shri P.B.Shirsath, advocate for applicant Shri S.R.Deshpande, advocate for respondent. *** Coram : K.U.Chandiwal, J. Date: 29th June 2009. 01- Heard the learned counsel. There is delay of 189 days which the counsel for the appellant says its only 113 days in causing to file first appeal. The counsel representing respondent no.5 has objected to entertain the application for condoning the delay as according to him it is deliberate. The documents reveal the contention of bona-fideness on the part of the appellant in seeking condonation to file appeal. However, the judgment dated 03rd December 2007 needs consideration where the rights in immovable property are involved. It may be that appellants father was prosecuting the matter before the trial Court. However for an inaction at one point of time should not foreclose the rights which otherwise the appellant feels to be in subsistence. The delay is not deliberate. However the agony which is caused to respondent {2} no.5 needs consideration which can be quantified in terms of costs. Hence order. 02- Application allowed. The delay is condoned. Appellant to deposit Rs.1,000/- [Rs.One thousand] only payable to respondent no.5. [K.U.CHANDIWAL] JUDGE /mda/0609/ca10878.08