FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CIVIL APPLICATION NO. 348/2008 (Prabhakar @ Prabhu Govinda Gawate vs. Smt. Nalini Yadaorao Choudhari & others) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. CORAM : S.R.DONGAONKAR, J DATED : 6 th AUGUST, 2008. C.A. NO. 348/2008 & C.A. NO. 5342/08 Heard Shri S.V.Manohar, Advocate, for the appellant/ applicant and Shri Ghare, Advocate, for R-5, R-6 & R-7. None present for other respondents. Learned counsel for R-5, R-6 & R-7 has opposed these applications saying that there is no proper reason either to exclude the period for which review application was filed and for condonation of delay. It appears that appellant's counter claim was not allowed while dismissing his appeal. The applicant/appellant has filed the application C.A. No. 348/08 to claim exclusion of the period between 6.7.05 to 1.8.07 spent by the appellant in prosecuting M.C.A. No. 454/05 i.e. the application for review of the appellate Judge's order, however, later on considering the possibility of failure of that application, he filed another application C.A.No. 5342/08 for condonation of delay in filing the present second appeal. As such, the application C.A. No. 348/08 need not be considered. It can be treated as disposed of. As regards C.A. No. 5342/08, it would be seen that he has taken a ground of spending considerable long time in prosecuting the review application, which ultimately was found not maintainable. Considering the totality of the circumstances, it would be desirable to condone the delay, though it is of 736 days in preferring this second appeal in the interest of justice. However, it would be subject to costs. Hence, this application is allowed. The delay in preferring the second appeal is condoned. However, subject to costs of Rs. 1000/- to be paid to R-5, R-6 & R-7 i.e contesting respondents, within a period of four weeks from today If the costs are so paid, this application shall be treated as allowed. If not, the same shall be treated as dismissed. Application stands disposed of. JUDGE Rvjalit